BETU PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) Betu Prasad, Ram Swarup, Rajju and Smt. Urmila (Petitioner Nos. 1, 2, 3 and 4) approached this Court by filing present writ petition under Article 226 of the Constitution of India praying for a writ of certiorari quashing appointment letters in favour of respondent Nos. 4. 5 and 6 issued by respondent No. 3, Principal, State Ayurvedik College and Hospital Attarra, district Banda (Annexures 6, 7 and 8 to the writ petition) alleging, inter alia, amongst others that petitioner No. 1 was engaged as daily wager in the year 1984-85, petitioner No. 2 on 1.10.1986 and petitioner No. 3 on 8th July, 1981 and Smt. Urmila on 1.7.1982, and they have been working continuously except few artificial breaks and were paid wages. Respondent Nos. 4, 5 and 6 have been appointed subsequently against temporary sanctioned posts without considering the case of the petitioners and hence feeling aggrieved, these petitioners seek regularization of the employment, payment of salary as such and quashing of the appointment orders in favour of respondent Nos. 4, 5 and 6.

(2.) At the outset, learned counsel for the petitioner stated with reference to paragraph 6 of the counter-affidavit of respondent Nos. 1, 2 and 3 that petitioner No. 3 had died and no relief is required to be given with respect to the deceased petitioner No. 3.

(3.) It has also been brought to the notice of the Court that service of respondent Nos. 4, 5 and 6 were also determined during the pendency of this petition and they have filed Writ Petition No. 43938 of 1998 which is still pending and that this Court has granted an interim order. By virtue of this interim order, respondent Nos. 4, 5 and 6 (in the present petition] are still working. In view of the above, namely pendency of the Petition No. 43938 of 1998 [filed by present respondent Nos. 4. 5 and 6) and also in view of the relief ultimately to be granted by this Court, it shall not be necessary to go into the validity of their appointment in this case and the same, if required, may be got adjudicated by the parties in the aforesaid Writ Petition No. 43938 of 1998 and no observations made in this writ petition shall affect the merit of said Writ Petition No. 43938 of 1998.