RAM PHER Vs. STATE OF U P

JUDGEMENT

(1.) HeardSri A.M. Tripathi, learned counsel for petitioner, learned Standing Counsel and perused the records.

(2.) Facts in brief of the present case as submitted by learned counsel for petitioners are that petitioners were initially engaged as daily-wager as Beldar from the year 1972 to 1974 in P.W.D. Department, State of U.P. and are posted at 57 Circle, National Highway Division, P.W.D., Faizabad. In the said capacity they worked and discharged their duties uptill 12.09.1990, thereafter, on 12.09.1990, their services were orally terminated.

(3.) Learned counsel for petitioner further submits that on 01.08.1985 (Anneuxre No. 1), a seniority list has been prepared in respect to the persons who are working on the daily wages as Beldar in various Construction Division, P.W.D. in the State of U.P. and, in the same, the names of the petitioners as well as other employees belonging in the said category find place. However, some persons junior to the petitioners in the said list are retained in services, and given regular appointment. In pursuance to the direction given by this Court in Writ Petition No. 12028 (SS) of 2009 (Braj Bhushan and others Vs. State of U.P. and others on 19.03.2004, relevant portion of the same is quoted as under:-