SURESH CHAND GUPTA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Suresh Chand Gupta, Rajendra Prasad and Ramjiyawan Petitioner nos. 1 to 3 filed this writ petition seeking relief from this Court that a writ, order or direction in the nature of certiorari quashing the termination order, if any by the Respondents be issued. The other prayer is for issuing a writ of mandimus directing the Respondents not to interfere with the duties of Petitioner and pay salary to him as and when it falls due. Lastly a prayer for regularisation of the petitioners' services is also made.

(2.) The Petitioners were appointed as Choukidars on Daily wages on 13-1-86, 1-8-86 and 16-12-86 respectively by the Additional Distt. Magistrate (Planning), Basti. The initial appointment letter given to the Petitioners was for three months at the rate Rs.10/- as daily wages for guarding the cement godown at the District Hospital Compound, Basti. It was also made clear that the petitioners' work may be ceased before expiry of three months also. However, it has been stated that the Petitioners continued to work as Chaprasis IV class employees. The Director (Planning) District Rural Development Agency, Basti by an order dated 5th March 1989 directed to attach the Petitioner no. 1 with N.R.I.P. Department, Petitioner no. 2 was attached to the Chief Clerk and Petitioner no. 3 has annexed a copy of the identify card signed by the Director of Planning, District Rural Development Agency Basti dated 27-10-90 showing that Petitioner no. 3 is working as U.P. Government employee since 15-12-86. The Petitioners stated that they have continuously been working with the Respondents. It has been stated that Petitioners worked upto 31-12-90 at the office of N.R.E.P. Department continuously and was paid salary for the period upto 31-12-90.

(3.) The grievance of the Petitioners is that without any termination order terminating the services of the Petitioners, the Respondents stopped the Petitioners permitting to work on their post The Respondents have also struck of the names of the Petitioners from the attendance register w.e.f. 1-1-91. The Petitioner have annexed photostat copy of the attendance register with the writ petition as Annexure 4 which clearly shows that names of the Petitioners was originally written at serial no. 5, 8 and 10 which have been scored of, still it is very distinct and can be read without any difficulty that the names were written and latter on scored of.