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J. J. MUNIR
Shailendra Kumar Singh – Appellant
Versus
State of U. P. – Respondent
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:
| S. No. | Petitioners | Date of initial appointment | Post |
| 1 | Shailendra Kumar Singh | 25.08. | |
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.
The right to regularization under the Rules of 2016 is based on continuous engagement prior to the cut-off date and possession of requisite qualifications, regardless of initial appointment validity.
Daily wage employees who meet the eligibility criteria under the Uttar Pradesh Regularization of Daily Wages Appointments on Group 'D' Posts Rules, 2001, are entitled to be considered for regularizat....
The court established that employees cannot claim regularization unless they are working against sanctioned posts, as per the Jharkhand Regularization Rules of 2015 and 2019.
Policy for regularization must honor prior engagements if criteria are met, despite subsequent changes in policy restricting claims.
Employees serving over ten years without unlawful intervention are entitled to pension benefits, even if prior appointments were irregular. Bureaucratic failure to regularize should not impede legal ....
The court affirmed that employees continuing post-2016 have a right to regularization, and termination orders must be based on valid grounds.
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