RAM BAHORE Vs. STATE OF U.P.

JUDGEMENT

(1.) The present writ petition has been filed seeking following reliefs:-

(2.) Briefly stated facts of the case are that petitioners were appointed as Chowkidar on daily wages (Class IV post) in the year 1981 and 1990 respectively. Their services were orally terminated in the year 1995. Against the said order of termination, petitioners preferred Civil Misc Writ Petition No. 22522 of 1995, which was finally disposed off vide order dated 29.4.1999 with the direction to the respondents to regularise the services of the petitioners on Class IV post. Petitioners accordingly, made their representation for their regularisation and also for payment of balance salary. It is further alleged that the respondents against the order dated 29.4.1999 preferred Special Leave to Appeal (civil) No. 336 of 2000, which was dismissed as withdrawn vide order dated 31.1.2000. Thereafter, respondents is said to have preferred Special Appeal against the judgement and order dated 29.4.1999, which was also dismissed vide order dated 2.4.2003. Thereafter, an order for regularisation of the services of the petitioners was passed by the respondents on 2.9.2003. After regularisation of their services, petitioners demanded salary as well as seniority since 1981 to 1990 respectively. It is further submitted that the petitioner no. 1 has been superannuated from service on 30.4.2017 and petitioner no. 2 has died during pendency of the writ petition. Hence this writ petition.

(3.) Submission of learned counsel for the petitioners is that at the time of regularisation i.e. 2.9.2003, they have completed 22 and 13 years of their services respectively and as such their seniority may be counted from the date of their initial appointment i.e. 1981 and 1990 respectively. They also demanded the arrears of salary of balance from the above respective dates of their appointments. Further submission is that due to the non actions of respondents, the petitioners are made to suffer recurring financial loss for no fault on the part of the petitioners. In support of his arguments, petitioners relied upon the various judgements of this Court as well as of Apex Court, viz. Writ Petition No. 11630 of 2018, (Dr Ramakant Tiwari Vs State of UP and others) decided on 14.05.2018; Writ A No. 18117 of 2018, (Muneshwer Dutt Mishra Vs State of UP and 4 others) decided on 6.9.2018; (Gulaichi Devi Vs State of UP and others,2019 12 ADJ 547); Civil Appeal No. (5) 10806 of 2017 (Habib Khan Vs State of UP and others) decided on 23.08.2017; and Civil Appeal No. 3348 of 2015, Secretary, Minor Irrigation Deptt and RES Vs Narendra Kumar Tripathi decided on 7.4.2015.