MAHENDRA KUMAR Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) Petitioners in the above writ petitions were engaged as Junior Clerks in the District Election Office, from time to time, have filed this writ petition for direction to respondents to take work from them continuously. The writ petition was initially dismissed on 18.8.1998 on the ground that petitioners are temporary employees having no right to the post. An application to recall the order was also dismissed on 13.4.1998. A Special Appeal No. 1081 of 1998 against the orders was allowed, and the matter was directed to be listed for fresh disposal. In the meantime, an order was passed by the District Election Officer/District Magistrate, Azamgarh, dated 26.8.1998, terminating their services, which has been challenged, along with amendment in Services Rules, by an Amendment Application No. 59282 of 1999, allowed on 1.2.2000.

(2.) The services of petitioners, in Writ Petition No. 19392 of 1998, Mahendra Kumar and three Ors. v. District Magistrate, Azamgarh, were terminated with effect from 30.6.1998 after which no work was taken from them. Counter-affidavits of Hari Krishna Mishra, respondent No. 2 and Sri J. L. Chaudhary, Chief Electoral Officer, U. P., Lucknow, have been filed to the amended petition. A counter-affidavit of Sri Ram Raj, Assistant District Election Officer, Azamgarh, was also filed to unamended writ petition on 30.6.1998, on behalf of respondent Nos. 1, 3 and 4.

(3.) Writ Petition No. 27629 of 1991, Ramesh Chandra v. State of U. P,, has been filed for the same reliefs to which short counter-affidavit of Sri Anil Kumar Gupta, Assistant District Election Officer, Ghaziabad, filed on 26.10.1998 is on record.