- (1.) Heard learned counsel for the parties.
(2.) Present intra court special appeal has been preferred against the judgment and order dated 10.10.2011 in Writ-A No.57977 of 2011 (Ram Asrey Yadav v. State of U.P. and Ors.) by which learned Single Judge has proceeded to dismiss the writ petition with following observations:- "For the purpose of salary and other benefits, the petitioner claimed that his services as daily wager prior to the period of regularization should also be considered. This issue is now no more res-integra. This Court in Writ Petition No.38220 of 2011 Amar Nath Chaudhary v. State of U.P. and others and several other cases including the decision of this Court in Writ Petition No.43227 of 2011, Kashi Prasad v. State of U.P. and others has held that the services prior to the date of the regularization can not be considered. In the aforesaid cases, the various decisions of the Apex Court have been considered. Respectfully following the aforesaid decisions, I hold that the services prior to the date of the regularization can not be considered for the purpose of salary and other benefits. Learned counsel for the petitioner submitted that the law relating to the pension, which is available prior to the date of the regularization should be made applicable in the case of the petitioner. The contention of the petitioner can not be accepted. The petitioner is only entitled for the pension and other benefits on the basis of the law, which was in existence after the regularization of his service. In view of the above, the writ petition fails and is accordingly, dismissed."
(3.) This much is reflected from the record that the petitioner was appointed as Junior Engineer in Lok Nirman Vibhag of the State on 16.8.1988 on daily wages. Thereafter, the petitioner-appellant has been sanctioned and made payment of salary at the minimum of the pay scale along with other allowances thereon w.e.f. 24.3.1993. Thereafter, Writ Petition No.36603 of 1998 was filed by the petitioner and other persons, which was allowed on 30.11.2004 with following observations:- "For the aforesaid reasons, the writ petition is allowed to the extent that the petitioners are held eligible to be considered for regularisation under the Uttar Pradesh Regularisation of Adhoc Appointment (On Posts within the Purview of Public Service Commission) Rules, 1979, by the Selection Committee taking into account their suitability. The required consideration shall be made by the respondents as expeditiously as possible, and preferably within three months from the date of communication of the order. No order as to costs." ;