SURESH CHAND SONKAR Vs. U P PUBLIC SERVICE

JUDGEMENT

(1.) Heard Sri. V.C. Tripathi, learned counsel for the petitioner, Sri. M.A. Qadeer, learned Senior Counsel for respondent No. 1 and learned standing counsel for respondent No. 2. By means of the present writ petition, the petitioner challenges an order dated 2.7.2005, passed by respondent No. 1, whereby his name has been removed from the list of daily wagers, maintained by the U.P. Public Service Commission, Allahabad.

(2.) The petitioner claims to have been working as a daily wager at U.P. Public Service Commission (for short the "Commission"), Allahabad, since 1995. This Court on 20.2.2002 in Writ Petition No. 48738 of 1999 (Krishna Kumar Kushwaha and others v. State of U.P. and another), had directed the Commission to frame a scheme for engagement and absorption of daily wagers in accordance with the guidelines laid down by the Apex Court and in accordance with the provisions of U.P. Regularisation of Daily Wagers Appointment on Group "D" Posts Rules 2001 (for short the Rules of 2001), within 6 weeks and to submit a scheme to this Court alongwith an affidavit of the Secretary for consideration. A list of daily wagers, working in the Commission was prepared in compliance to orders passed in Civil Misc. Writ Petition No. 32059 of 2004 and Civil Misc. Writ Petition No. 48738 of 1999 and other petitions on 1.11.2004, wherein the name of the petitioner was shown at Serial No. 99, and the date of his engagement from 16.2.1995.

(3.) A show-cause dated 26.5.2005 was issued by the Deputy Secretary of the Commission to the petitioner, alleging certain dereliction and insubordination of duty and a reply was called for within 10 days', in compliance to the observations made in Writ Petition No. 48738 of 1999 as to why the services of the petitioner be not disengaged and the name be removed from the panel of daily wagers. The petitioner submitted a reply on 3.6.2005. In response to the reply submitted by the petitioner, a report was also called from the Joint Secretary (Law).