- (1.) AT the outset, learned Standing Counsel, who has accepted notice on behalf of opposite party No.2 and Mr. S.S. Verma, who has accepted notice on behalf of opposite party No.1, have submitted that they have no objection in case delay in filing the appeal be condoned and the appeal be heard finally at the admission stage itself.
(2.) SINCE cause shown in the affidavit filed in support of application for condonation of delay in filing the appeal is satisfactory, as such, C.M.Application No. 25437 of 2015 is allowed. Delay in filing the appeal is condoned.
(3.) HEARD Mr. L.P. Shukla, learned Counsel for the appellant, learned Standing Counsel and Mr. S.S. Verma, learned Counsel for the opposite party No.1. Opposite party No.1/writ petitioner (Ram Avtar) is said to have been engaged as Daily Wager/Muster Roll employee in the year 1996. According to opposite party No.1, he has completed more than 17 years of service and is discharging his duties regularly in the appellant's Corporation but inspite of coming into force of Regularization Rules of Group 'D' Daily Wager/Muster Roll Employee, his services has not been regularized. It was also pointed out in the writ petition that the opposite party No.1 belongs to reserved category and several posts in the said category are vacant but he has been denied his legitimate claim.? Aggrieved by the inaction of the appellant, the opposite party No.1 has approached this Court under Article 226 of the Constitution of India by filing writ petition No. 269 of 2015 (SS). Learned Single Judge, vide ad interim order dated 19.2.2015, provided that appellant/opposite party No.2/competent authority shall not compel the opposite party No.1/writ petitioner to work and discharge his duties on the post of Chowkidar in Class IV category in U.P. Forest Corporation as a Daily Wages/Muster Roll employee.;