SHITLA PRASAD PUSHPAKAR & OTHERS Vs. STATE OF U P & OTHERS
LAWS(ALL)-2017-3-394
HIGH COURT OF ALLAHABAD
Decided on March 20,2017

Shitla Prasad Pushpakar And Others Appellant
VERSUS
State Of U P And Others Respondents

JUDGEMENT

- (1.) This petition seeks quashing of the order passed by the Uttar Pradesh State Public Services Tribunal, Lucknow, by which Claim Petition No. 519 of 2001 filed by the petitioners to assail the order dated 15 March 2001 was dismissed. It needs to be stated that by the order dated 15 March 2001, the claim of the petitioners for regularization had been rejected by the Department.
(2.) The petitioners claim to have been engaged as Khalasis on daily wage basis in the Department of Urban Development in the year 1995. They filed a representation for their regularization alleging that they had completed three years of service as daily wagers and when it was not decided Writ Petition No. 51994 of 2004 was filed by them which was disposed of with a direction to the respondents to take a decision on the representation filed by the petitioners. The respondents have rejected the representation by order dated 15 March 2001. It is this order that was assailed before the Tribunal.
(3.) The Tribunal has dismissed the Claim Petition for the reason that the Government Order dated 6 July 1978 on which the reliance had been placed by the petitioners for claiming regularization was not applicable and that in the absence of any rule/regulation for regularization of service they cannot be regularized in view of the decision of the Supreme Court in Secretary, State Of Karnataka and Another versus Umadevi and Others, 2006 4 SCC 1.;


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