IMPORTANT POINT
The court established that daily-wage employees engaged before the cut-off date are entitled to regularization under the Rules of 2016, regardless of initial appointment irregularities.

JUDGMENT :

J.J. Munir, J.

1. This writ petition is directed against an order of the Principal Secretary, Urban Development, Government of Uttar Pradesh, Lucknow dated 25.7.2023, rejecting the petitioner's claim for regularization in service. The petitioners have further prayed for the issue of a writ in the nature of mandamus, commanding the respondents to regularize the petitioners' services.

2. The facts, giving rise to the writ petition, are these:

According to the petitioners, they are nine in number and working as daily-wagers on various Class-III and IV posts, eversince the date of their respective engagement in the establishment of the Nagar Panchayat, Harraiya, District Basti. They say that they have an unblemished service record to their credit. The petitioners' initial dates of engagement, the class and level of work done by them with the Nagar Panchayat, Harraiya, District Basti (for short, 'the Nagar Panchayat') are depicted below in tabular form:

3. It appears that by a Government Order dated 24.2.2016, the State Government introduced a scheme for the regularization of daily wagers/work-charged employees and those appointed/engaged on contract basis in various departments of the State Government, including the Nagar Panchayat up to 31.12.2001. In order to give effect to the said Government Order, or so to speak, the Government's Policy, Rules under the proviso to Article 309 of the Constitution were made by the Governor, called the Uttar Pradesh Regularisation 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 (for short, 'the Rules of 2016'). The petitioners say that in order to extend the benefit of regularization to employees of the Nagar Panchayat, the Director, Local Bodies, addressed communications to Nagar Panchayat across the State, asking them to submit requisite information in a prescribed proforma, regarding employees working on daily-wages etc. in their establishment.

4. In compliance with the said communication, the Executive Officer of the Nagar Panchayat, by his communication dated 5.9.2017, forwarded the requisite information in the prescribed manner relating to the petitioners and other such employees, whose services could be regularized under the Rules of 2016. Some reminders are also said to have been sent by the Executive Officer to take necessary action relating to daily-wage employees of the Nagar Panchayat, after he found that in some adjoining Nagar Panchayat, the benefit of regularization had already been given. When neither the Government nor the Director of Local Bodies took any steps, the petitioners moved this Court by means of Writ-A No. 3491 of 2020, seeking enforcement of their right to regularization. This Court vide order dated 3.3.2020 disposed of Writ-A No. 3491 of 2020 in terms of the following orders:

“Learned Standing Counsel appearing for the second respondent states that subject to verification of all facts and contentions on merits being kept open, the claim of the petitioners for regularisation shall be duly considered in accordance with law and the provisions made in the scheme wh