SHIV PRASAD MISRA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri K.P. Agrawal, learned Senior Counsel assisted by Pooja Srivastva for the Appellant and learned Standing Counsel for the Respondents.

(2.) This intra Court Special Appeal is directed against the judgment and order dated 15.5.2006 passed by Hon'ble Single Judge in Writ Petition No. 20056 of 2004, Shiv Prasad Misra v. State of U.P. and Ors. whereby writ petition filed by Petitioner/Appellant has been dismissed Office has reported that the appeal is barred by time by 210 days. The Appellant has moved delay condonation application supported by an affidavit. The cause shown in the affidavit filed in support of delay condonation application, in our opinion, is sufficient. Accordingly the delay condonation application is allowed and delay in filing above noted special appeal is condoned and appeal is treated to be within time.

(3.) Brief facts of the case are that the Petitioner/Appellant was appointed on daily wage basis on 18th April, 1987 on the post of Junior Clerk/Routine Grade Clerk in the establishment of Respondent in pay scale of Rs. 950/- -Rs. 1500/- and while continuing as such he had filed Writ Petition No. 25495 of 1990 seeking relief for regularization of his services and payment of salary at par with regular employee on the post in question inasmuch as payment of difference of arrears of salary since 1987 onward. In the said writ petition, the Petitioner had filed supplementary affidavit annexing therewith the U.P. Regularization of Daily Wages Appointment on Group 'C Posts (outside the purview of U.P. Public Service Commission) Rules 1998 (herein after referred to as 1998 Rules) confining his claim only in respect of regularization of his services. The Court without entering into the merit of the case in that petition had directed Respondent No. 2 i.e. Commissioner and Director, Employees Insurance vide order dated 18.5.2001 to consider the claim of regularization of Petitioner/Appellant under the aforesaid 1998 Rules and pass appropriate order in accordance with law within a period of three months. It is in purported compliance of the order aforesaid the Commissioner and Director, Employees Insurance-Respondent No. 2 vide order dated 31.5.2002 regularised the services of Petitioner/Appellant w.e.f. 18.4.1987.