AMAR BAHADUR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The Special Appeal arises from an order of the learned Single Judge dated 2 December 2013. In the petition which the appellants filed, they sought to challenge an order dated 28 September 2013 passed by the Additional District Magistrate (Finance and Revenue), Ballia declining to regularise the services of the appellants and sought a mandamus for regularisation of their services and for payment of salary from July 2011. Before the learned Single Judge and before this Court in Appeal, it is not in dispute that the appellants were engaged as daily wage employees in November 1995. When their engagement was discontinued on 25 April 1996, they filed a petition to challenge the orders in which an interim order was passed on 21 May 1996. By virtue of the interim order, the appellants continued on daily wages until the petition was eventually disposed of on 1 May 2013 by directing the respondents to consider their claim for regularisation in accordance with the regularisation rules, if any. Pursuant to that direction, the plea for regularisation was rejected on 28 September 2013 which led to the filing of a fresh petition, which was dismissed on 2 December 2013.

(2.) From the records of the case, it would emerge that a Special Appeal is pending against the aforesaid order of the learned Single Judge passed in Writ Petition No. 1634 (S/S) of 1999 but, in view of certain contempt proceedings, the order for regularization was passed subject to the decision in Appeal.