SURENDRA KUMAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard the learned Counsel for the petitioner Sri Asit Chaturvedi and Sri Krishna Chandra for the respondents. This special appeal has been filed against the judgment and order dated 4.2010 passed by the learned Single Judge, by means of which the appellant has been relegated to the District Magistrate once again, without adjudicating upon the claim raised by him in the writ petition, with a direction that the appellant may make a representation with regard to continuance of his services, which shall be decided by a speaking and reasoned order in accordance with law, within four months and that for four months or till disposal of the appellant's representation, whichever is earlier, the appellant shall be permitted continue in service and paid salary.

(2.) Before entering into the merits of the case, we find it apposite to mention that the appellant, who was inducted into service on 1.3.1983 as temporary Peon/Messenger in the pay scale of Rs. 305-390, was faced with an under of simplicitor discharge on 11.10.1989, aggrieved of which, he filed the present writ petition in the year 1989 itself, in which an interim order of stay was passed by the Court on 24.10.1989. On the strength of the aforesaid interim order, has been continuously working and is being paid salary.

(3.) Not only this, the appellant has also been given the service benefits of promotional pay scales on completion of his satisfactory services of 10 years, 14 years and lastly on 18 years of service.