CHANDRA SHEKHAR Vs. DISTRICT JUDGE, SIDDHARTH NAGAR

JUDGEMENT

(1.) WE have heard Shri Siddharth Nandan, learned counsel appearing for the petitioners -appellants. Shri Rajiv Gupta, Special Counsel, High Court appears for the respondents.

(2.) THIS intra court Special Appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 arises out of a judgment dated 7.1.2013 in Writ A No.24297 of 1995 (Sri Chandra Shekhar and others vs. District Judge and others) by which learned Single Judge dismissed the writ petition for quashing the order dated 25.4.1995 passed by the District Judge, Siddharth Nagar terminating the temporary services of petitioners -appellants, on the reinstatement of services of Mohd. Aslam and Lal Singh as Class IV employees in pursuance to the directions issued by the High Court.

(3.) LEARNED Single Judge observed that the petitioners were appointed in the Judgeship as Sweeper -cum -Farrash on various dates on fixed pay of Rs.785/ - per month. They alleged that Mohd. Aslam and Lal Singh were also similarly appointed. The services of Mohd. Aslam and Lal Singh were terminated under the order dated 26.10.1993. The orders were issued by the District Judge for promotion from the post of Sweeper -cum -Farrash to that of Chaukidar from time to time and in the resultant vacancies the petitioners were appointed. On an order issued by the High Court on 18.4.1995 directing Mohd. Aslam and Lal Singh to be reinstated, the District Judge considered the question of continuance of the petitioners. He found that there are only four posts of Sweeper -cum -Farrash on the fixed pay of Rs.785/ - and thus at best only four persons could have been appointed to work on the said posts.