LAWS(ALL)-1991-11-24

SHER ALI Vs. STATE OF UTTAR PRADESH

Decided On November 20, 1991
SHER ALI Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) BY this writ petition the petitioners have sought a Writ of Mandamus for regularising the service of petitioners by commanding the respondents to treat the petitioners as in service and pay them the wages and other allowances as and when they fall due as employee of Nagar Palika Gopiganj, District Varanasi (hereinafter referred as Nagar Palika) besides quashing of the order dated 3rd August 1990.

(2.) COUNTER-affidavit and Rejoinder affidavit having been exchanged between petitioners and Nagar Palika Gopiganj, which is the main party against whom relief is sought, this writ petition is being disposed of at the admission stage under, the Rules of the Court.

(3.) THERE is another aspect due to which petitioners are entitled for regularisation. The decision of the State Government to regularise the service of daily wage earners was taken subsequent to the abolition of Octroi but before the petitioners could get any benefit under the said Government order, a letter dated 3rd August 1990 of Executive Officer of Nagar Palika was circulated to employees of Nagar Palika wherein all the daily wage earners were asked to deposit their records. Even the Board by its Resolution dated 4-8-1990 resolved that as there did not remain any utility of daily wage earners after abolition of Octroi and there is financial crisis before the Nagar Palika, therefore, the services of daily wage earners except those of 'Safai departments' be terminated and the work which was assigned to them be taken from the employees of Octori Department. Such decision by the Board of Nagar Paiika was against the decision of State Government as contained in Government Order dated 25th October 1989. Once the decision of Government was before Nagar Palika that services of daily wage earners are to be regularised then it was not open for the Board of Nagar Palika to dispense with the services of such daily wage employees who were entitled to regularisation under said Government Order. It appears that even Board was conscious about this position as it stated in its resolution that the orders were awaited from the State Government and further proceedings in respect of daily wage earners will be in accordance with the directions of the State Government. If the resolution of the Board is read together with the Government Order dated 25th October, 1989 it makes the position clear in respect of daily wage earners. It clarifies that the services of the daily wage earners were to be regularised and the Board of Nagar Palika passed said resolution terminating the services of petitioners against the decision of Government for regularising these employees.