SHUBH NARAIN SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Thepetitioner herein was appointed on 1.12.1988 as class IV employee of the Gramin Abhiyantran Seva of the State Government. He continued to serve as such with some artificial breaks. His prayer is that the respondents be directed to pay the salary and other emoluments admissible to class IV regular employees of the department of Rural Engineering Services. In counter-affidavit filed by the respondents, the facts, aforestated, have not been disputed except that there are breaks in service which, according to the petitioner, are artificial in nature. The similar question came for consideration before this Court in Writ Petition No, 8148 of 1990 and several other connected petitions, and this Court, after having considered the entire law on the subject laid down by the Hon'ble Supreme Court as well as the High Court, allowed the writ petitions by means of the judgment dated 21.7.1993 with the following directions :

(2.) The judgment and order dated 21.7.1993 passed in W.P. No. 8148 of 1990 (supra) has also been affirmed by the Apex Court vide its judgment dated 24.4.1995 passed in Special Leave Petition No. 20139 of 1994 in the matter of State of U. P. v. Haider Mehdi Rizvi. Following the aforesaid decision dated 21.7.1993, another bunch of writ petitions connected with leading W.P. No. 1999 (SS) of 1992, Mahendra Tiwari v. State of U. P. and Ors., involving similar controversy, were allowed by means of the judgment dated 22.11.1995 in the same terms and directions contained in the decision rendered in WP 8148 of 1990 (supra).

(3.) A number of decisions adjudicating the similar controversy have been placed on record in support of petitioner's claim in the present writ petition, however, the same are not being referred to herein for brevity.