LAWS(ALL)-2003-9-184

GOPAL PRASAD Vs. STATE OF U P

Decided On September 09, 2003
GOPAL PRASAD Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) -The above petitions were tagged on by reason of consideration of issue relating to regularisation of daily wage employees belonging to category 3 in various Nagar Nigams/Nagar Palika Parishads and they were heard together for decision by a composite judgment.

(2.) CIVIL Misc. Writ Petition No. 7020 of 2002, has been taken up as leading case in which arguments at prolix length were heard. The counsel in other cases put weight to the arguments and submissions advanced by the learned counsel for the petitioners in the leading case.

(3.) IT is beyond the pale of con-troversy that the petitioners have been performing their duties in unbroken continuity since the date of their re-spective appointments and they have been allowed to continue due to in-dispensability of the services in the Nagar Palika Parishad, Modinagar. In the facts and circumstances, inference cannot be resisted that the duties be-ing performed by the petitioners are of perennial nature and there is necessity for the works, which the petitioners have been assigned and have been performing since their respective appointments in the Nagar Palika Parishad Modinagar.