Authorities Cannot Allow a Person to Continue on Fixed Pay or Daily Wage For Three Decades: Allahabad HC

Petitioner was continuing in the employment of District Development Office, Jaunpur since 1992. It was asserted that work of generator operator/lift operator and electrician etc. was taken from him from time to time, in which payment was made to him.

It was submitted that Petitioner is entitled to be regularized in the employment of State on a Class-IV post but the authorities have not adverted to his claim as per rule.

Hon’ble Justice Ashwani Kumar Mishra of Allahabad High Court observed that from the perusal of the records it is apparent that the Petitioner fulfills all the requirements of regularization as per the Rules of 2001.

The court negated the argument of the state government that since the petitioner was employed under a time bound scheme therefore he was not entitled to regularization.

Further the Court observed:

The authority cannot allow a person to continue on daily wage or fixed pay basis for almost three decades without regularizing his appointment. It is with the intent of providing certainty to such persons that regularization rules have been framed.

Consequently the Writ petition was allowed with the direction to regularize the services of the Petitioner.

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