MOHD UMAR Vs. STATE OF U P

JUDGEMENT

(1.) THIS petition seeks the quashing of the order dated 22nd September, 2009 passed by the District Magistrate, Moradabad by which the claim of the petitioner for absorption in service as he had worked as Peon in the office of the District Magistrate, Moradabad for census work from 4th August, 2000 to 31st May, 2001, has been disposed of with a direction that it shall be considered in accordance with the Government Orders after the vacancies are advertised.

(2.) THE records of the writ petition indicate that in the year 2000, the District Magistrate, Moradabad advertised posts of Junior Clerks and Peons for census work for the year 2000-01 and the petitioner was appointed as Peon on temporary basis from 4th August, 2000 to 31 st May, 2001. It was specifically mentioned that the appointment could be terminated at any time without any notice. THE petitioner worked upto 31st May, 2001. As some persons who had been given such temporary appointment for census work were absorbed in service and the petitioner was not absorbed, he filed Writ Petition No. 37589 of 2006 which was disposed of on 20th July, 2009 with the following observations :

(3.) THE Government Order dated 21 st August, 2007 is in connection with the concession to be given to persons who had worked on temporary basis in the 1991 and 2001 for census work while providing employment. It mentions that it has been issued for ensuring compliance of the orders passed by the Court in Writ Petition No. 12171 of 2002 (Subodh Kumar Kaushik v. State of U.P. and others) and Writ Petition No. 2905 (S/S) of 2006 (Sanjay Kumar Pandey v. State of U.P. and others).