RANA PRATAP SINGH Vs. K K SINHA

JUDGEMENT

(1.) HEARD Sri Siddharth Khare, learned counsel for the applicants and Sri K.R. Singh, learned Standing Counsel for the State-respondents.

(2.) AFFIDAVITS have been exchanged between the parties.

(3.) SRI K.R. Singh, learned Standing Counsel has referred to the directions issued in the interim order dated 13.8.2010 and emphasized on the direction where it is provided as an interim measure that the matter regarding grant of approval shall be immediately considered by the Commissioner and if there is no legal impediment it is expected that the approval shall be granted. He submits that in light of the aforesaid the District Magistrate has passed the order dated 7.9.2010 awaiting the sanction from the Commissioner. Learned Standing Counsel submits that the applicants were engaged on seasonal basis as Seasonal Collection Amin/Seasonal Collection Peon and therefore it is only on the basis of requirement of work and approval granted by the Commissioner that they are to discharge their duties. While referring to the records he states that when there is perennial requirement of work in a particular year the applicants have been continued to be engaged but only on the basis of sanction granted by the Commissioner from time to time. At the present moment he submits that the sanction is awaited from the Commissioner according to the requirement of work and therefore it cannot be said that the applicants are entitled to work each and every day of the year. 5. While interpreting the interim order dated 13.8.2010 learned Standing Counsel submits that the provision that they shall be allowed to discharge their functions as they were being allowed to discharge prior to the order dated 30.9.2009 is concerned the circumstance even prior to 30.9.2009 was on the basis of sanction granted by the Commissioner which may have been granted regularly without any interruption. However, at present the Commissioner is yet to grant the sanction.