HARI SHANKER S/O PARI DEEN Vs. STATE OF U P
LAWS(ALL)-2008-12-59
HIGH COURT OF ALLAHABAD
Decided on December 15,2008

HARI SHANKER S/O PARI DEEN Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.) HEARD Sri Brijesh Kumar, learned counsel for the petitioners, learned Standing Counsel for the opposite party no. 1 and Sri Sandeep Dixit, learned counsel appearing for the opposite parties no. 2 to 4. With the consent of the parties counsel, the writ petition is being finally decided at the admission stage without calling for any counter affidavit. According to the petitioners, they have put in nearly 20 years of service as Class-IV daily wages employees with the opposite parties but despite their being eligible, their services have not been regularized. It has been submitted by the learned counsel for the petitioners that the Hon'ble Supreme Court in its judgment delivered in Civil Appeal No. 3765 of 2005; U. P. State Electricity Board vs. Pooran Chandra Pandey and others has upheld the claim of such daily wages Class-IV employees of the opposite parties for regularisation of services who have put in long period of service with the Power Corporation. It has been submitted by the learned counsel for the petitioners that the claim of the petitioners is squarely covered by the above mentioned judgment of the Apex Court. The learned counsel for the petitioners next submitted that for regularisation of their services the petitioners have already preferred a representation dated 28. 11. 2008, copy whereof has been annexed as Annexure-9 to the writ petition, before the opposite party no. 2 but the same has not been considered till date. A prayer has been made by the learned counsel for the petitioners that the opposite party no. 2 be directed to consider and decide the case of the petitioners for regularisation of this services in the light of the aforesaid judgment of the Apex Court within a definite period of time. The learned counsel appearing for the opposite parties has no objection to the aforesaid prayer. In view of the aforesaid, the writ petition is disposed of finally with a direction to the opposite party no. 2 to consider and decide the petitioners' claim/ representation dated 28. 11. 2008, copy whereof has been annexed as Annexure-9 to the writ petition, for regularisation of their services in the light of the Apex Court's decision given in Civil Appeal No. 3765 of 2005; U. P. State Electricity Board vs. Pooran Chandra Pandey and others strictly in accordance with law by a reasoned and speaking order within a period of two months from the date of production of certified copy of this order. .;


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