STATE OF UTTAR PRADESH Vs. SHIV PRAKASH

JUDGEMENT

(1.) This Special Appeal has been preferred by the State of U.P. represented by the Secretary, P.W.D., Lucknow, and others against the judgment dated 30.10.1996 in Civil Misc. Writ Petition No. 2379795 whereby the learned single Judge had issued two directions to the appellants. One, to prepare a regularisation scheme in respect of work charged employees if not already prepared, and two to pay the petitioners (Respondents 1-3 in the Special Appeal) salary at the same rate as other regular employees of the U.P. Public Works Department (P.W.D) working on the same posts as the petitioners until their absorption on the said posts pursuant to a scheme for regularisation of work charged employees.

(2.) We have heard Sri Abhinava Upadhya, standing counsel for the appellants, and Sri L. C. Srivastava, learned counsel for the respondents. Perused the impugned judgment and the entire material on record including the writ petition. We have also considered the written submissions furnished by the parties.

(3.) The learned single Judge had been pleaded to grant the aforesaid two reliefs relying on the law laid down by the Hon'ble Supreme Court in Civil Misc. Writ Petition No. 140 of 1989, Raj Narain Prasad and Ors. v. State of U.P. and Ors. and State of Haryana v. Piara Singh, AIR 1992 SC 2130, after recording a finding that there was no dispute between the parties on the question that the petitioners were in continued employment with the P.W.D. for the past 10 to 15 years.