- (1.) This petition is directed against judgment and order dated 4.11.2009 passed by Central Administrative Tribunal, Lucknow Bench, Lucknow ( hereinafter referred to as "Tribunal") in Original Application No. 297 of 2008 ( Ganga Prasad Dubey Vs. Union of India & others). Claim for regularization on the post of Extra Departmental Runner has been turned down by Tribunal by impugned judgment dated 4th November, 2009 in Original Application 297 of 2008 filed by petitioner.
(2.) Before this Court also we asked by learned counsel for petitioner to show any provisions under which he is entitled for regularization but no such provision has been shown. Law is now well settled that in absence of any statutory provisions, regularization cannot be allowed.
(3.) In Secretary, State of Karnataka Vs. Uma Devi, 2006 4 SCC 1 has a Constitution Bench held that in absence of any legal right under the statute for claiming regularization, a person who is not appointed in public service complying with the requirement of Article 16 of Constitution, cannot have a right either to hold the post or to continue in service or to claim regularization.;