Lal Chandra vs State of U.P. and Others

V.K. Shukla, J.—In the present case Petitioner has approached this Court for issuing writ in the nature of mandamus commanding the Respondents to count the past uninterrupted service till regularization for the purpose of fixation of seniority.

Brief background of the case is that Petitioner has been performing and discharging duties as daily wagers and service of the Petitioner has been regularized as is provided under Uttar Pradesh Regularization of Daily Wages Appointments on Group "D" Posts Rules 2001. Petitioner has been regularized on 04.10.2005 and submits that his earlier services be also clubbed.

Sri Pankaj Lal, Advocate contended with vehemence that earlier service rendered by Petitioner as daily wage is liable to be clubbed, as such writ petition deserves to be allowed.

Learned Standing counsel on the other hand contended that any service rendered by the Petitioner before regularization cannot be counted toward seniority as such writ petition as it has been framed and drawn is dismissed.

After respective arguments have been advanced factual position which is emerging in the present case is that Petitioner has been performing and discharging duties initially as daily wager employee and then his services has been regularized under Uttar Pradesh Regularization of Daily Wages Appointments on Group "D" Posts Rules 2001. Statutory provision under which Petitioner has been extended the benefit of regularization therein Rule 7 of the aforesaid Rules 2001 deals with seniority and seniority has to be considered from the date of substantive appointment and not prior to the date of regularization.

Once specific rules are there holding the field of seniority then to say that seniority is to be counted from the earlier date then the date of substantive appointment can not be accepted. Seniority is governed by statutory rules, in such a situation and in this background no directives can be issued which would be contrary to and de hors the rules.

Judgment relied upon by the Petitioner in the case of The Direct Recruit Class-II Engineering Officers'' Association and others Vs. State of Maharashtra and others, and in the case of Union of India and Another Vs. Lalita S. Rao and Others etc. etc., will not at all come to the rescue of the Petitioner for the simple reason that here seniority is to be governed by statutory rules and Rule 7 is very clear and categorical that seniority is to be counted from the date of substantive appointment in the cadre and not from any date prior to it.

Consequently, present writ petition as it has been framed and drawn is dismissed.