LAWS(ALL)-2004-3-117

ASHOK KUMAR Vs. STATE OF U P

Decided On March 12, 2004
ASHOK KUMAR Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) This petition has been filed for quashing the orders dated 8.3.1991 and 9.3.1991 by which the services of the petitioners, who are class IV employees in the Employees State Insurance Hospital, Aligarh, were dispensed with.

(3.) The petitioners alleged that in July, 1990, they were appointed on different posts in class IV on daily wages in the Employees State Insurance Hospital, Aligarh. It is further alleged that the posts were created by the Government vide its G.O. dated 20.3.1989 and, thus, by various orders dated 26.7.1990 issued by the Superintendent, Employees State Insurance Hospital, Aligarh, their appointments were regularised with effect from 1.8.1990. It is further alleged that in pursuance of a letter dated 27.2.1991 issued by Director, Employees State Insurance Scheme, Kanpur, to the Senior Medical Superintendent that as there were 13 surplus class IV employees in Agra region, steps should be taken so that all the 13 surplus employees be accommodated in E.S.I. Hospital at Aligarh. It was also stipulated therein that any class IV employee who has not been regularly appointed, should be relieved from service. It is alleged that on the basis of this letter the services of the petitioners have been terminated.