Rajan Roy, J. - (1.) Heard learned counsel for the parties.
(2.) The petitioner was engaged as daily wager in the year 1989 for performing the duties of Jeep -Driver under opposite parties 2 to 4. Earlier he had filed a writ petition bearing No. 8898 (SS) of 2011 seeking regularization of his services on Group -C post in terms of U.P. Regularization of Daily Wages Appointment on Group -'C' Posts (Outside the Purview of U.P. Public service Commission) Rules, 1998 (hereinafter referred to as 'the Rules, 1998') which was disposed of vide order dated 14.12.2011 with a direction to opposite party No. 2 to consider the grievance of the petitioner and decide his representation by a speaking and reasoned order. In compliance thereof the concerned opposite party considered the case of petitioner for regularization but has declined the same on the ground that there were breaks in his service from 01.02.1995 to 07.05.1995, 22.03.2008 to October, 2009 and October 2010 to 11.11.2010 thereby opining that the services were not continuous and secondly for the reason that there are already surplus Jeep -Drivers.
(3.) As far as the first reason is concerned it has not been disputed by opposite party No. 2 that except for aforesaid breaks in service the petitioner has been working since 1989 on daily wages as Jeep -Driver. Rule 4 of the Rules, 1998 reads as under: - - "4(1)(i) Any person who -was directly appointed on daily wage basis on Group 'C' posts in the Government service before June 29, 1991 and is continuing in service as such on the date of commencement of these rule,. "4(1)(ii).......................... ...................., shall be considered for regular appointment in permanent or temporary vacancy, as may be available in Group 'D' post, on the date of commencement of these rules on the basis of his record and suitability before any regular appointment is made in such vacancy in accordance with the relevant service rules or orders. 4(2)............................ 4(3).......................... 4(4)......................... 4(5)....................... 4(6)........................... ";