YASHWANT VARMA, J. - (1.) THIS writ petition embodies a second round of litigation instituted by the petitioner claiming his regularization on the post of ''Peon".
(2.) THE challenge in this writ petition is also to an order dated 03/4 -.7.2009, passed by the District Magistrate, Allahabad, pursuant to a direction of this Court on the application of the petitioner seeking regularization. The order in sum and substance holds that the claim for regularization of the petitioner would be considered at the time of initiation of the process of regular appointment/recruitment.
(3.) SHORN of unnecessary details, the undisputed facts are as follows: it appears that the petitioner was appointed on a temporary post by the Prabhari Adhikari, Magh Mela on 15/12/1978 on the post of "Peon". Learned counsel for the petitioner contends that this temporary appointment continued up to 28/2/1979, whereafter the petitioner worked for different periods as detailed in paragraph 10 of the writ petition. Upon completing 5 years of service as on 25/10/1991, the learned counsel for the petitioner contends that the petitioner became entitled for regularization of his services under the provisions of the U.P. Regularization of Adhoc Appointments (On Posts Outside the Purview of the Public Service Commission), Rules, 1979. He has further referred to the second amendment to the said rules said to have been notified on 07/8/1989 and in terms of which the benefit of regularization under the aforementioned rules became applicable and extended to all persons appointed on ad -hoc basis on or before 01/10/1986, and who continued to be in service as such on 07/8/1989. It is then submitted by the learned counsel for the petitioner that the services of the petitioner came to be terminated on 26/10/1991.;