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2024 Supreme(All) 1128
IN THE HIGH COURT OF ALLAHABAD
SUBHASH VIDYARTHI J.
Bhairav Nath Singh and Others – Petitioners
Versus
State of U.P. and Others – Respondents
Writ (A) Nos. 38333, 40833, 44315, 51565 of 2016, Writ (A) No. 8507 of 2024
Decided On : 01-08-2024
Advocate Appeared:
For the Petitioners: Kartikeya Saran, Arun K. Singh Deshwal, Ujjawal Satsangi.
IMPORTANT POINT
The court established that Guest Lecturers are entitled to regularization under the Uttar Pradesh Regularization Rules of 2016, as they do not fall under the exclusion categories specified in the relevant Government Orders.
Headnote:
GUEST LECTURERS - REGULARIZATION OF SERVICES - Uttar Pradesh Regularization of Persons Working On Daily Wages or On Work Charge or On Contract in Government Departments On Group-C and Group-D posts (Outside The Purview of the Uttar Pradesh Public Service Commission) Rules, 2016 - The court discussed the applicability of the Uttar Pradesh Government Order dated 24.02.2016 and the Rules of 2016 regarding the regularization of services of Guest Lecturers. It highlighted that the exclusion clause did not mention Guest Lecturers, and thus they should be considered for regularization. The court emphasized that previous judgments dismissing similar claims were no longer applicable due to the new legal framework established by the 2016 Rules, which allowed for regularization under certain conditions.
Fact of the Case:
The petitioners, working as Guest Lecturers in various Government Industrial Training Institutes in Uttar Pradesh, challenged the rejection of their claims for regularization of services. They argued that they had been performing the duties of Instructors and were entitled to regularization under the Government Order dated 24.02.2016 and the subsequent Rules of 2016.
Finding of the Court:
The court found that the petitioners were wrongly excluded from the purview of the Government Order and the Rules of 2016. It determined that the previous judgments dismissing similar claims were no longer valid due to the introduction of the new legal framework, which allowed for regularization of services for those engaged in daily wage or contract work.
Issues: Whether the petitioners, as Guest Lecturers, were entitled to regularization of their services under the Government Order dated 24.02.2016 and the Rules of 2016, despite previous judgments that had dismissed similar claims.
Ratio Decidendi: The court held that the exclusion clause in the Rules of 2016 did not apply to Guest Lecturers, and thus they were entitled to be considered for regularization. The court emphasized that the introduction of the 2016 Rules changed the legal landscape, allowing for claims that were previously dismissed to be reconsidered.
Final Decision: The court allowed all the writ petitions, quashed the impugned orders rejecting the claims for regularization, and directed the Secretary of the Vocational Education and Skill Development Department to pass fresh orders regarding the regularization of the petitioners' services within three months.
JUDGMENT :
SUBHASH VIDYARTHI J.
1. Heard Shri Ujjawal Satsangi Advocate, learned counsel for the petitioners in Writ A No. 8507 of 2024 and he is holding brief of Shri Kartikeya Saran, learned counsel for the petitioners in Writ A Nos.38333 of 2016, 40833 of 2016, 44315 of 2016 & 51565 of 2016 and Smt. Archana Tyagi, learned Additional Chief Standing Counsel appearing for the respondents.
2. All the aforesaid five writ petitions have been filed by the petitioners, who are working as Guest Lecturer in various Government Industrial Training Institutes in the State of Uttar Pradesh and who are aggrieved by non-regularization of their services.
3. Writ-A No. 38333 of 2016 has been filed by four petitioners challenging the validity of an order dated 24.05.2016 passed by the Secretary, Vocational Education and Skill Development Department, Government of U.P., rejecting their claim for regularization of their services as Guest Lecturers in Government Industrial Training Institutes.
4. Writ-A No. 40833 of 2016 has been filed by ten petitioners challenging the validity of a similar order dated 13.06.2016, rejecting claim of regularization of the petitioners’ services as Guest Lecturers in Government Industrial Training Institutes.
5. Writ A No. 44315 of 2016 has been filed by 16 petitioners challenging validity of orders dated 24.5.2016 and 23.06.2016 passed by the Secretary, Vocational Education and Skill Development Department, State of U.P., rejecting their claim for regularization.
6. Writ-A No. 51565 of 2016 and Writ A No. 8507 of 2024 have been filed by 15 petitioners and 8 petitioners respectively, praying for regularization of their services as they have not been considered for regularization and no orders in this regard has been passed.
7. As common questions are involved in all the writ petitions, the writ petitions are being decided by a common judgment.
8. Briefly stated, facts of the case are that various posts of Instructors were lying vacant in various Government Industrial Training Institutes and, therefore, the Government had launched a Prashikshan Mitra Scheme for appointing Prashikshan Mitra for performing the duties of Instructors in Government Industrial Training Institutes by issuing a Government Order dated 30.08.2000, which provided that Prashikshan Mitra shall be appointed in Government Industrial Training Institutes upon payment of a remuneration of Rs.100/-per day. The Scheme would be for the financial year 2000-2001 whereafter the Scheme will come to an end automatically.
9. After completion of the Scheme period i.e. 2000-2001, another Government Order dated 30.05.2001 was issued providing for appointment of Guest Speakers in Government Industrial Training Institutes to perform the duties of Instructors as the posts of Instructors were lying vacant. This Government Order provided that the Guest Lecturers will be appointed for the period 2001-2002.
10. Even after expiry of the scheme, the petitioners continued to work as Guest Speakers in Government Industrial Training Institutes and performed the duties of Instructors thereof. The remuneration being paid to the petitioners was subsequently enhanced to Rs.300/-per day. It is the case of the petitioners that besides their educational duties relatable to the post of Instructors, they are assigned administrative duties also like other regular teachers of Government Industrial Training Institutes.
11. On 24.02.2016, a Government Order was issued for regularization of persons working in Government Departments, Autonomous Institutions, Public Sector Undertakings/Corporations, Local Bodies Development Authorities and District Panchayats, who were working since 31.03.1996 on daily wages/work charge and contract basis and who held the minimum eligibility qualification for the post in question, on available vacancies and in case of non-availability of vacancies, on supernumerary posts.
12. The Government Order dated 24.02.2016 has been replaced by the “The Uttar Pradesh Regularizat
