Dir. Print.& ... vs Moti Lal & Ors

2. Both the appeals arise from the same judgment and hence they are disposed of by a common judgment.

3. The challenge is to the judgment of the High Court of Judicature at Allahabad wherein the Director of Government Press was directed to consider regularization of daily-wage employees in Group-D as per Rules promulgated in December, 2001. The case has a chequered history.

4. The daily-wage Group-D employees were being engaged in the Government Press during 1985-1991. U. P. Group-‘D’ Employees Service Rules, 1985 consists of the following posts - Peon, Messenger, Chowkidar, Mali, Farash, Sweeper, Waterman, Bhisti, Tindal, Thelaman, Record-lifter and every other non-technical post.

7. It appears, for quite some time, no serious steps were taken. On 02.06.2001, the Secretary to the Government wrote to the Director of Printing and Stationary to take immediate steps in compliance with the judgment of this Court, in the matter of regularization. Being a crucial document, we shall extract the relevant portion of the said communication dated 02.06.2001:

18. Be that as it may, in view of the position as explained above, we are of the view that the interest of justice would be met and complete justice can be done if an appropriate direction is issued to fill-up the posts in Group-D/Class-IV category in the Government Press in the State of Uttar Pradesh from amongst the daily-wage employees in service as on 12.11.1997. The Director of the Printing Press is directed to identify the vacancies between 1991 and 2003 in the Group-D/Class-IV posts other than “Gatemen”. This exercise shall be completed within four months. The vacancies thus identified shall be filled-up on regular basis from amongst the daily-wage Group-D/Class- IV employees in service in the Government Press as on 12.11.1997 and who can work at least for five years as on date, before their superannuation as per Rules. The qualification shall be determined as per the 1985 Rules. This exercise shall be completed within another one month. We make it clear that in the process, none of the existing regular employees including the selected gatemen shall be disturbed. In other words, it will be open to the State to appoint such employees and post them either in the vacancies if available in the Government Press or any other Group-D/Class-IV posts in the State. We further make it clear that without completing this exercise, there shall be no regular appointment in any Group-D/Class-IV posts in the State of Uttar Pradesh.

19. The judgment under appeal stands modified to the above extent. The appeals are disposed of as above.

20. There is no order as to costs.

March 7, 2014.

Petition(s) for Special Leave to Appeal (Civil) No(s).13340-13341/2010 DIR. PRINT.& STAT.DEP.U.P.GOVT.PRESS&ORS. Petitioner(s) VERSUS MOTI LAL & ORS. Respondent(s) WITH C.A. No. _____ of 2014 @ SLP(C) NO. 35522 of 2010 Date: 07/03/2014 These matters were called on for Judgment today.

For Petitioner(s) Mr. Pramod Swarup,Sr.Adv.

Ms. Pareena Swarup,Adv.

Ms. Alka Sinha,Adv.

for Mr. Anuvrat Sharma,Adv.

Mr. S.R. Singh,Sr.Adv.

Mr. D.N. Dubey,Adv.

Mr. Avnish Singh,Adv.

Mr. Rajesh Srivastava,Adv.

Mr. Sushant K. Yadav,Adv.

For Mr. Yash Pal Dhingra,Adv.

Hon'ble Mr. Justice Kurian Joseph pronounced the judgment of the Bench comprising Hon'ble Mr. Justice H.L. Gokhale and His Lordship.

Leave granted.

The appeals are disposed of, with no order as to costs.

(Signed non-reportable Judgment is placed on the file)

NON-REPORTABLE