LAWS(ALL)-2015-4-63

RAJ KUMAR Vs. STATE OF U P

Decided On April 17, 2015
RAJ KUMAR Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) THESE three writ petitions involve common questions of facts and law and, therefore, as agreed by learned counsel for the parties, are being decided by this common judgment. However, as agreed by learned counsel for the parties, Writ Petition No. 2507 (SS) of 2004 (hereinafter referred to as the "first petition") is being taken as the leading case and the facts and pleadings shall be taken therefrom.

(2.) THIS first petition, under Article 226 of the Constitution, has come up at the instance of 30 petitioners who were Class III and Class IV employees, at Colvin Taluqdar's Inter College, Lucknow (hereinafter referred as the College) and have been terminated/ceased to work on account of abolition of post. Thirty orders impugned in first petition are Annexures 1 to 30. It is stated therein that the College has followed principle of last come first go in terminating petitioners.

(3.) PETITIONER nos.1 to 4 are Class III employee and 5 to 30 are Class IV employee. They have further sought a writ of certiorari for quashing the resolution dated 8th January, 2014 passed by Managing Committee of the Management of the College (hereinafter referred to as MCM) together with consequential decision dated 06.02.2004, taken by sub -committee. There are two prayers of writ of mandamus (I) to direct the respondents college to allow petitioners to work as Class III and IV employees and to pay their salary, and (II) to direct respondent nos.1 and 2 to take college into grant -in -aid list and undertake responsibility to pay salary to petitioners.