LAWS(ALL)-2014-5-341

ASIFUDDIN Vs. STATE OF U P

Decided On May 26, 2014
Asifuddin Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) HEARD Sri Ashok Khare, learned senior counsel assisted by Sri Siddharth Khare, counsel for the petitioners and Sri Ashok Kumar Pandey, learned Additional Advocate General assisted by Sri J.N.Maurya, learned Additional Chief Standing Counsel for state respondents and Sri Jai Bahadur Singh for respondents no.3 and 4. Other learned counsels for the petitioners appearing in different writ petitions have adopted the arguments advanced by Sri Khare. Sri Naval Singh, learned counsel appears for the petitioner in Writ Petition No. 42526 of 2012, Sri Ashok Kumar Pandey, learned counsel appears for the petitioner in Writ Petitions No. 40433 of 2012, 45634 of 2012 and 45638 of 2012, Sri S.S. Srivastav, learned counsel appears for petitioner in Writ Petition No. 20930 of 2013. Sri Rastrapati Khare appears for the petitioner in Writ Petition No.61026 of 2012 and Sri Satya Prakash Mishra appears for petitioner in Writ Petition No. 47937 of 2012.

(2.) SRI Ashok Khare submits as under :

(3.) SRI Rashtrapati Khare, submits that the petitioners are daily wagers engaged on contract basis and they have been serving since long and therefore, they cannot be ousted in one stroke without any prior intimation and opportunity. He relied upon the judgment of Hon'ble Supreme Court in the case of H.S. Rajashekhara Vs. State of Mysore, JT (2011) 13 SC 325, judgment of this Court in the case of State of U.P. and others Vs. Kamlesh Kumsar Tripathi and another (2012) 4 UPLBEC 3245 and judgment of High Court of Jammu and Kashmir in the case of Tayub Leharwal Vs. State of Jammu and Kashmir, (2007) 1 LLJ 199.