DINESH BAHADUR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and the learned Chief Standing Counsel.

(2.) Since the common question of law is involved in these two writ petitions, the same are disposed by this common judgment.

(3.) It emerges from the record that the petitioner's father had died in harness on 13.8.1980 and the petitioner had sought employment on a class IV post under the Dying in Harness Rules. The Committee of Management of Baiswara Inter College, Lalganj, District Raibareli has resolved on 1.8.1992 to appoint the petitioner under the aforesaid rules. The petitioner was appointed on 27.4.1992. The order of appointment reveals that he was appointed against a clear vacancy, the post fell vacant due to death of one Sri Suraj Pal Singh, a laboratory attendant of the college. Later the petitioner was disengaged from the service. A writ petition No. 2976 (SS) of 1993 was filed by the petitioner and this Court had passed an interim order on 20.4.1993, directing the opposite parties to allow the petitioner to continue in the services and pay him regular monthly salary. The Court had taken note of the fact that the petitioner was appointed against a sanctioned post, against a clear vacancy. The petitioner has continued in the services since 27.7.1992 against a clear, permanent post. He is still in service and getting salary and has about 13 years' services to his credit.