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VIVEK KUMAR BIRLA, YOGENDRA KUMAR SRIVASTAVA
State of U. P. – Appellant
Versus
Shailendra Kumar Singh – Respondent
JUDGMENT :
1. Heard Sri Fuzail Ahmad Ansari, learned Standing Counsel appearing for the State-appellants and Sri Gejendra Pratap, learned Senior Counsel assisted by Sri Jitendra Kumar Srivastava, learned counsel for the respondents.
2. The present intra court appeal is directed against the judgment and order dated 09.04.2024 passed in Writ-A No.13630 of 2023 (Shailendra Kumar Singh and others Vs. State of U.P. and others) whereby the order dated 25. 07.2023 passed by the Principal Secretary, Urban Development, Government of Uttar Pradesh, Lucknow, rejecting the claim for regularization of the petitioners, has been quashed and a direction has been issued for passing fresh orders within stipulated time period.
3. The controversy involved in the present case relates to the claim of the petitioners/opposite party nos.1 to 9, stated to be working as daily wagers on various class-3 and class-4 posts in the establishment of the Nagar Panchayat, Harraiya, District Basti (for short ‘the Nagar Panchayat’), for regularization under the U.P. Regularization of Persons Working on Daily Wages or on Work Charge or on Contract in Government Department on Group 'C' and Group 'D' Posts (Outside the Purv
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.
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.
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.
Daily wager - Regularisation - As per procedure appointing authority was required to prepare an eligibility list of candidates working on daily wages, on work charge or on contract in Department, arr....
The failure to consider legitimate claims for regularization does not warrant redressal when procedural compliance is evident; repeated litigation is discouraged.
Policy for regularization must honor prior engagements if criteria are met, despite subsequent changes in policy restricting claims.
The court determined that the continuity in services is vital for eligibility under regularization rules, rejecting any artificial breaks articulated by the State.
The principle of 'equal pay for equal work' may not apply to temporary employees, and unexplained delay in approaching the court can impact the decision.
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