STATE OF U.P. Vs. VASHISTHA MUNI MISHRA

JUDGEMENT

(1.) The instant intra-court appeal preferred by the State challenges the judgment and order dtd. 1/5/2019 passed in W.P. No. 4838 (SS) of 2000 (Vashishta Muni Mishra Vs. State of U.P. and others) whereby the writ petition preferred by the respondent Vashishta Muni Mishra was allowed and a direction was issued to the State that the respondent should be treated as a Government Servant having been appointed in the office of Cane Commissioner, Uttar Pradesh with all consequential service benefits.

(2.) Sri Gaurav Mehrotra, learned counsel for the appellants duly assisted by Sri Tushar Mittal and Ms. Shhreiya Agarwal, Advocates has assailed the judgment dtd. 1/5/2019 submitting that the respondent was never appointed in the office of Cane Commissioner. The appointment of the respondent was under the Special Sugar Fund (Shakkar Vishesh Nidhi). The respondent treated himself to be an employee of the Special Sugar Fund as shall be evident from the correspondence initiated by the respondent.

(3.) It is further submitted that various documents were brought on record to point out that right from the inception, the respondent was an employee of the Special Sugar Fund. Even in the counter affidavit filed before the Writ Court, it was specifically stated that the appointment of the respondent was on the post of a driver made under the Special Sugar Fund initially on daily wages and the Employees Provident Fund was deducted from the salary of the respondent.