S.K. Dubey vs The Commissioner of Commercial Tax and Others

R.S. Jha, J.—The petitioner has filed this petition praying for regularization as Peon in the establishment of the respondents on the ground that the petitioner has been working as daily wager in the said department since 1997. It is also alleged that certain other persons who have not been impleaded as respondents in the petition, have been granted benefit of regularization but the petitioner''s claim has been rejected.

Having heard the learned counsel for the petitioner, it is observed that in view of the law laid down by the Supreme Court in the case of Secretary, State of Karnataka and Others Vs. Umadevi and Others, wherein it has been held that regularization is not permissible as it violates Articles 14 and 16 of the Constitution of India, the relief prayed for by the petitioner cannot be granted and accordingly deserves to be rejected.

In the subsequent decision of the Supreme Court in the case of Official Liquidator Vs. Dayanand and Others, the Supreme Court has further observed that after decision in the case of Uma Devi, relief on the basis of parity and discrimination is also not available to the persons claiming regularization. In view of the aforesaid, the petition filed by the petitioner being meritless is accordingly dismissed.