PROMILA CHAUDHARY AND ANOTHER Vs. STATE OF U P THROUGH PRIN SECY AYUSH ANUBHAG-1 LKO
LAWS(ALL)-2018-2-547
HIGH COURT OF ALLAHABAD
Decided on February 28,2018

Promila Chaudhary And Another Appellant
VERSUS
State Of U P Through Prin Secy Ayush Anubhag-1 Lko Respondents

JUDGEMENT

- (1.) Heard learned counsel for the petitioners and learned Standing Counsel.
(2.) This petition has been filed with the following prayer: (i) Issue a writ, order or direction in the nature of mandamus thereby directing the opposite parties no. 1 to 6 to regularize the services of the petitioners with effect from the date 28.06.1988 & 10.05.1089 of the petitioners initial appointment and since when the identical and similarly situated persons are regularized in terms of the order dated 09.07.2014 passed in identical Writ-A No. 26637 of 2012 and other Bunch of writ petitions by the Hon'ble court affirmed by the Hon'ble full bench on 26.10.2017 in Service Bench No. 1639/2015. (ii) Issue a writ order or direction in the nature of mandamus thereby directing the opposite party nos. 1 to 4 to take the full bench decision dated 26.10.2017 into account and not delay the regularization any further as the petitioners are still discharging their services since 28.06.1988 and 10.05.1989 and are about to retire, the opposite parties may also be directed to consider their claim expeditiously as provided under law but within the time to be fixed by this Hon'ble court. (iii) any other order or direction as deemed fit and just by this Hon'ble court may also be passed looking into the circumstances of the case and age of the petitioner.
(3.) Submission of learned counsel for the petitioners is that the petitioners are claiming regularization on the basis of various orders passed in various writ petitions. He further submits that the petitioners are also claiming the same benefit and their claim for regularization is to be considered in accordance with law. He also submits that identical orders have been passed by this Court in Writ Petition Nos.24993(S/B) of 2012, 36385(S/B) of 2012 and 632 (S/B) of 2012 and the opposite parties have also complied the aforesaid orders. It is further submitted that in pursuance to the orders passed by this Court, the incumbent petitioners have submitted a representation in this regard (Annexure No. 9) dated 15.12.2017, but the said representation is still pending and no decision has been taken on the same up till now. He also relied upon a Full Bench decision dated 26.10.2017 passed in Writ Petition No. 1639 (S/B) of 2015, wherein the Full Bench of this Court has also taken similar view issuing a mandamus to the opposite party to reconsider the case of the petitioners for regularization, strictly in accordance with the observations made in the order.;


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