JUDGMENT :

1. Heard learned counsel for the petitioner and learned State counsel for respondent no.1 and Shri Anag Mishra, learned counsel for the respondent nos.2 to 5.

2. By means of instant petition, the petitioner has prayed for following main reliefs:

"(1) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 27.12.2017 passed by the respondent no.2 contained as annexure no.1 to the petition.

(2) Issue a writ, order or direction in the nature of mandamus commanding the respondents to treat the petitioner as regular employee since the date of appointment and pay to him arrears of salary and other consequential benefits to the petitioner and also pay the regular salary by treating him as regular employee."

3. At the very outset, Shri Mishra states that this Court vide order dated 04.07.2023 had required the appearance of Deputy Cane Commissioner, Devi Patan Mandal Gonda as none had appeared on behalf of the respondents when the case was listed on the said date. He states that his non appearance on the said date was on account of the fact that his full name was not indicated in the cause list and he could not note the said case. Shri Mishra states that henceforth he will be careful in noting when the case is listed.

4. In pursuance to the order dated 04.07.2023, Shri R.V. Ram, Deputy Cane Commissioner, Devi Patan Mandal, Gonda is present.

5. The case set forth by the learned counsel for the petitioner is that the petitioner's husband was posted as Seasonal Peon in the department of Sahakari Ganna Samiti Mankapur, District Gonda i.e. respondent no.5. He claims that the petitioner's husband died in harness in the year 1993 and so the petitioner staked a claim for being appointed on compassionate ground under the provisions of the Uttar Pradesh Recruitment of Dependent of Government Servants Dying in Harness Rules, 1974 (hereinafter referred to as 'Rules, 1974'). In pursuance thereof an appointment letter dated 05.01.1994, a copy of which is annexure no.2 to the petition, was issued to the petitioner whereby the petitioner was appointed as Seasonal Peon in a regular pay scale of Rs.750-940. However, the appointment letter stated that the appointment would be on temporary basis. Subsequent thereto an order dated 16.03.2010, a copy of which is annexure no.3 to the petition, was issued by the Cane Commissioner, U.P., Lucknow. The order stated that through an order dated 26.10.1988, the posts of Seasonal Chaprasis-Jamadars have been abolished in the Samitis and that it had been directed that all working Seasonal Chaprasis should be adjusted on other posts and in case they cannot be adjusted, then they should be continued in the same capacity till their retirement. It was also indicated in the said order that as the post of Seasonal Chaprasi had come to an end as such, the petitioner should not have been appointed on the post of Seasonal Chaprasi. However, as the petitioner had been continuing for a period of approximately 16 years it was decided that her claim for appointment against the post of Chaprasi be considered against her category of SC in case a post is vacant.

6. When nothing was done in the matter, the petitioner was constrained to approach this Court by filing Writ Petition No.24513 (S/S) of 2017 in Re: Smt. Tara Devi Vs. State of Uttar Pradesh and Others claiming regularization. The writ petition was decided vide judgment and order dated 12.10.2017, a copy of which is annexure no.4 to the petition, whereby this Court required the respondents to consider the representation of the petitioner.

7. In pursuance thereof the claim of the petitioner was rejected by the respondents vide order dated 27.12.2017, a copy of which is annexure no.1 to the petition, on the ground that despite the order of Cane Commissioner dated 16.03.2010 there is no vacant post of Chaprasi against her category i.e. SC.

8. Raising a challenge to the order impugned, the contention of learned counsel for the petitioner i