VIRENDRA PRATAP GIRI Vs. STATE OF UP

JUDGEMENT

(1.) HEARD Sri Ashok Khare, learned senior counsel assisted by Sri Siddharth Khare, learned counsel for the petitioner, learned Standing Counsel for the respondent no. 1 and Sri Sameer Sharma, learned counsel for the respondents no. 2 & 3.

(2.) THE petitioner herein was appointed on clerical posts on ad hoc/ temporary basis under the scheme of Fast Track Courts. The scheme itself was for a short duration, which was extended from time to time, lastly upto 31.03.2011. Consequent to the refusal of the Union of India to provide requisite financial assistance for the scheme beyond 31.03.2011, the State Government created ex -cadre posts. The ad -hoc employees of the Fast Track Courts were allowed to continue on ad hoc basis against such posts. Pursuant to the order of the State Government dated 31.03.2011 creating the aforesaid ex -cadre post and providing for absorption of the same in the regular cadre as and when vacancy arose and pursuant to a letter dated 01.04.2011 of the High Court of Allahabad, the District Judge absorbed/ regularised the services of the petitioners in the regular cadre of his judgship. Subsequently, the High Court issued directions to the District Judge on 30.08.2014 for revisiting of the order of the regularisation/ absorption as the same was in violation of the dictum of the Supreme Court in Secretary, State of Karnatka and others Vs. Uma Devi (3) and others , 2006 4 SCC 1. Accordingly, a show cause notice was issued to the petitioners, thereafter the impugned orders have been passed whereby the regularisation orders of the petitioners have been withdrawn and the status of the petitioners as ad hoc employees has been continued.

(3.) BEING aggrieved, the petitioners have filed this writ petition.