RAJ NARAYAN Vs. STATE OF U P

JUDGEMENT

(1.) Petitioners before this Court were employed as Daily Wage employee /Ad-hoc in various Mandi Samities situate in various districts between 1st April, 1996 to 30th October, 1997. On 12th March, 1999 the State Government/Board took a decision to terminate the service of the employees like the petitioners who were appointed between 1st April, 1996 to 30th October, 1997. As many as 1021 employees including the petitioners were terminated. The termination order was challenged before the Allahabad High Court including the Bench at Lucknow. It is not necessary to delate upon the aforesaid aspect of the matter any further inasmuch as the matter was considered by the Supreme Court in Special Appeal No. 116 of 2001 "The Additional Director Rajya Krishi Utpadan Mandi Parishad v. Raj Narayan and others" and in SLP (C) No. 15797 of 2001 and SLP (C) No. 15677 of 2003. The controversy was finally decided vide judgment and order dated 16th December, 2005, a copy of the judgment of Hon'ble Supreme Court has been annexed as Annexure No. 4 to the writ petition. The Hon'ble Supreme Court did not find any illegality in the decision of the Board to terminate the employment of persons like the petitioners. The judgment of the Single Judge as upheld by the Division Bench of the High Court to the contrary was set-aside. However, a direction was issued to the Board and the Market Committee to fill up all existing vacancies strictly in accordance with law as expeditiously as possible. It would be worthwhile to reproduce the direction of Supreme Court in that regard which reads as under :

(2.) It is clear that except for permitting relaxation in age, the Supreme Court did not grant any further weightage to the persons like the petitioners in the matter of regular selection. On the contrary it was specifically provided that the vacancies shall be filled strictly in accordance with law.

(3.) In terms of the judgment of Supreme Court an advertisement has been published for making regular appointment for the first time in 2008 and thereafter in 2011. Under the advertisement dated 30th April, 2011 it has been mentioned that persons who had submitted their application in response to the earlier advertisement of 2008 may not apply afresh. The advertisements are challenged on the ground that the Mandi Samities/Board have not provided any weightage in the matter of selection qua the persons like the petitioners who had put in large number of years of service as Daily Wage/ Ad-hoc employee. None grant of such weightage in the matter of regular selection is contended to be arbitrary. Reference has been placed about an interim order passed by the Lucknow Bench of this Court in Writ Petition No. 7369 of 2008, copy whereof has been annexed as Anneuxre No. 8 to the writ petition.