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2019 Supreme(All) 145

AJAY BHANOT
Vinay Kumar Upadhyay – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
Surendra Nath Shukla, Bibhuti Narayan Singh, V.K. Tripathi.

JUDGMENT :

Ajay Bhanot, J.

1. By the order dated 29.3.2015 the claim of the petitioner to be regularized in service w.e.f. 05.07.2007 i.e. from the date his immediate junior was regularized as Collection Peon has been rejected. Aggrieved by the aforesaid order dated 29.03.2015 passed by respondent no. 2 the petitioner has filed the instant writ petition.

2. A further prayer has been made for grant of seniority, the salary and all other consequential benefits to the petitioner w.e.f. 05.07.2007.

3. Sri Bibhuti Narayan Singh, learned counsel for the petitioner submits that the petitioner was entitled for regularization of his service as a Collection Peon w.e.f. 05.07.2007. The person immediately junior to the petitioner in the seniority list was regularized on 05.07.2007 as a Collection Peon.

4. The respondent authorities rejected the claim of the petitioner for regularization w.e.f. 05.07.2007 on the foot that the petitioner failed to accomplish the seventy percent recovery in the four faslis preceding 05.07.2007. It is contended that the stand of the authorities is untenable in law. The law is consistent and settled by a number of authorities. In fact it was reiterated by this Court in



























































































































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