MOOL CHANDRA Vs. STATE OF U P
LAWS(ALL)-2009-11-84
HIGH COURT OF ALLAHABAD
Decided on November 20,2009

MOOL CHANDRA Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

Sudhir Agarwal, J. - (1.) The grievance of the petitioners is that they were engaged as daily wage employees on various dates in 1988 and 1989 but have not been considered for regularisation till date and in this regard they have made several representations to the Executive Engineer, Public Works Department, Allahabad but the same has also not been considered.
(2.) Learned counsel for the petitioners placed reliance on UP. Regularization of Daily Wage Appointment on Group-D Posts Rules, 2001(hereinafter referred to as the "2001 Rules") and submits that since the petitioners were appointed before 29.6.1991 and, therefore, they are covered by the aforesaid Rules and entitled to be considered for regularisation.
(3.) However, in my view, the submission has no merit. Rule 4(1)(b) of 2001 Rules clearly provides as under: "......shall be considered for regular appointment in permanent or temporary vacancy, as may be available in Group "D' post, on the date of commencement of these rules on the basis of his record and suitability before any regular appointment is made in such vacancy in accordance with the relevant service rules or orders.";


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