GOPAL SINGH KHATI Vs. REGIONAL FOOD CONTROLLER, MEERUT

JUDGEMENT

(1.) Heard Sri R.B.Singhal, learned Senior Advocate for the petitioner and learned Standing Counsel for the respondents.

(2.) The petitioner has sought a mandamus commanding the respondents to permit him to join his duties and regularize his services from the date of termination and pay arrears of salary for the entire period and also to comply with the judgment dated 16.10.1992 in letter and spirit.

(3.) The facts in brief giving rise to the present dispute are that the petitioner, who was appointed as Senior Accounts Clerk on 26.4.1972 was terminated on 27.4.1987. Challenging the order of termination, Writ Petition No.13111 of 1987 was filed in which order of termination was stayed. Some further order was passed by the respondents on 15.7.1987 which was also stayed by this Court in the above writ petition on 28.10.1987. The above writ petition was ultimately decided finally on 16.10.1992. The Court observed that petitioners were working as Seasonal Employee since April, 1972 though not regularly but having worked for sufficiently long time, they should be considered for regularization irrespective of the fact that there has been break in every year till the date of termination i.e. 1987 relying on Apex Court decisions in U.P.Income Tax Department Vs. Union of India & Ors., 1988 AIR(SC) 517; Dhanbad District P.W.D. Literate Daily Wagers Employees Association Vs. State of Karnataka, 1990 AIR(SC) 883; Jacob Vs. Kerala Water Authority & others, 1990 AIR(SC) 2228; Bhagwati Prasad Vs. Delhi State Mineral Corporation, 1990 AIR(SC) 371; Daily Rated Casual Labour Vs. Union of India, 1987 AIR(SC) 2342; Karnataka State Private College Stop Gap Lecturer Association Vs. State of Karnataka, 1992 AIR(SC) 677 and State of Haryana Vs Piara Singh & Ors., 1992 5 JT 179. The Court decided the aforesaid writ petition and other connected matter with the following direction: