Allahabad High Court
RAM BABUversusSTATE OF U.P. AND OTHERS
- Decided
- Bench
- ANISH KUMAR GUPTA
Holding
The petitioner is to be considered for regularisation under the 2016 Rules, and the respondents must decide the claim within three months.
Summary
The petitioner, Ram Babu, a tractor driver appointed in 2000, filed a writ petition seeking regularisation and a minimum pay‑scale. He had continuously served without break and was granted successive minimum pay‑scales in 2012 (Rs. 6050), 2011 (Rs. 7000) and 2023 (Rs. 18,000) along with arrears. The State admitted his continuous service but noted that he was not eligible for regularisation under the Uttar Pradesh Regularisation of Daily Wages Appointments on Group ‘D’ Posts Rules, 2001. The court examined whether, in view of his uninterrupted service and the grant of minimum pay‑scale, he became eligible for regularisation under the Uttar Pradesh Regularization of Persons Working on Daily Wages, Work Charge, or Contract in Government Departments (Group C & D Posts) Rules, 2016. The court held that the petition should be disposed of with a direction to the respondents to consider his regularisation claim under the 2016 Rules within three months, and ordered the case de‑linked from other matters.
Issues considered
- Whether the petitioner is entitled to regularisation under the Uttar Pradesh Regularisation of Daily Wages Appointments on Group ‘D’ Posts Rules, 2001.
- Whether the petitioner is entitled to regularisation under the Uttar Pradesh Regularization of Persons Working on Daily Wages, Work Charge, or Contract in Government Departments (Group C & D Posts) Rules, 2016, given his continuous service and grant of minimum pay‑scale.
- Whether the court should direct the respondent to consider the regularisation claim within a specified time.
Subjects
- regularisation
- minimum pay scale
- continuous service
- Uttar Pradesh rules
- government employee
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 65503 of 2010
Ram Babu
.....Petitioner(s)
Versus
State of U.P. and Others
.....Respondent(s)
Counsel for Petitioner(s) : Pankaj Kumar Srivastava
Counsel for Respondent(s) : C. S. C., C.S.C.
Court No. - 34
(SN.49.4)
HON'BLE ANISH KUMAR GUPTA, J.
1. Heard Sri Pankaj Kumar Srivastava, learned counsel for the petitioner
and Sri Pradeept Kumar Shahi, learned Additional Chief Standing
Counsel for the State.
2. This instant petition has been filed by the petitioner seeking his
regularization as well as grant of minimum pay-scale.
3. The briefly stated facts of the case as per the averments made in the
petition is that the petitioner was appointed as Tractor Driver in the year,
2000 in the respondent department. Since then, he was continuously
working without any break.
4. Learned Additional Chief Standing Counsel for the State on
instructions admits that the petitioner was continuously working since
after his engagement and in such view of the matter, the petitioner has
been granted the minimum pay-scale of Rs.6050/- on 30.01.2012. Later
on, the minimum pay-scale of Rs. 7000/- has been given to the petitioner
w.e.f. 30.11.2011 and subsequently, in the year 2023, he was granted
minimum pay-scale of Rs. 18000/- per month and the arrears of minimum
pay-scale has also been paid to the petitioner in the year 2023. Thus, the
petitioner is already continuously working since 2000 and has already
been granted minimum pay-scale by the respondents. However, the
petitioner claims to be regularized. Admittedly, when the petitioner was
WRIA No. 65503 of 2010
2
working since 2000, he was not entitled for regularization in terms of the
Uttar Pradesh Regularisation of Daily Wages Appointments on Group 'D'
Posts Rules, 2001. However, since the petitioner is continuously working
since 2000 and the continuity in service is not disputed by the
respondents, therefore, he became eligible for regularization in terms of
the Uttar Pradesh Regularization of Persons Working on Daily Wages,
Work Charge, or Contract in Government Departments (Group C & D
Posts) Rules, 2016.
5. In such view of the matter, since the minimum pay-scale has already
been granted to the petitioner, the instant petition is disposed of with a
direction to the respondents to consider the claim of regularization of the
petitioner in accordance with 2016 Rules within a period of three months
from the date of production of certified copy of this order.
6. Let this case be de-linked from bunch matters and shall not be shown in
the cause list.
(Anish Kumar Gupta,J.)
May 12, 2026
Shubham Arya
Digitally signed by :-
SHUBHAM ARYA
High Court of Judicature at Allahabad
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