STATE ELECTION COMMISSION Vs. KRISHNA KUMAR SRIVASTAVA

JUDGEMENT

(1.) This special appeal has been filed against the Judgment of the learned single Judge dated 4.8.99 by which he allowed the writ petition and issued mandamus directing the respondents to consider the petitioner for regularisation in case retrenched employees of octroi department or local bodies or additional staff from Collectorate is not available for regularisation on the regular posts.

(2.) The writ petition was filed by the respondent Nos. 1 and 2 challenging the termination of their services orally since June. 1997 and it was prayed that a mandamus be issued directing the respondents in the writ petition to permit the petitioners to work on the post held by them prior to their oral termination and pay them monthly salary and arrears from 1.3.97. It was also prayed that a mandamus be issued to the respondents not to fill up the vacancies existing by resorting to 100% reservation for retrenched employees.

(3.) In paragraph 5 of the writ petition it was alleged that a Fax message was issued under the signatures of the Deputy Commissioner. State Election Commission, U. P., fixing the strength and creating class III and class IV posts in the office of the District Election Officer and directing the authorities concerned to proceed and engage suitable candidates against the aforesaid posts. True copy of the letter dated 30.8.95 has been annexed as Annexure-1 to the petition. In paragraph 6 of the writ petition it is alleged that the aforesaid Fax message was followed by a circular dated 30.8.95 fixing the strength of the employees attached to the District Election Office in each district. Accordingly for district Sitapur. two posts of Senior Assistant, two posts of Junior Assistant and two posts of class IV employees were created. True copy of the said circular has been annexed as Annexure-2 to the petition. In paragraph 7 of the petition, it is alleged that in" pursuance of the aforesaid circular another letter was issued on 7.9.95 providing that against the aforesaid posts suitable candidates be engaged on ad hoc basis for a period of four months. True copy of the said letter has been annexed as Annexure-3 to the petition. Subsequently another circular letter dated 14.9.95 was issued by which the District Election Officer/District Magistrates were directed to make available information relating to the working strength of each category of officials and payment of regular salary. True copy of the said letter has been annexed as Annexure-4 to the petition. By letter dated 7.10.95 some more information was sought and it was conveyed that the aforesaid posts have been created and sanctioned in each category in the office of the district Election Officer. Accordingly the authorities were directed to proceed and ensure compliance of the aforesaid direction and to make available information relating thereto, True copy of the said letter dated 7.10.95 is annexed as Annexure-5 to the petition.