RAM SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) This writ petition is directed against the order jointly made by the President and the Executive Officer of the Nagar Palika Parishad, Kayamganj, District Farrukhabad dtd. 23/11/2020, dismissing the petitioner from service, after holding disciplinary proceedings. Also under challenge is the appellate order of the Commissioner, Kanpur Division, Kanpur dtd. 15/7/2024, made in the departmental appeal, dismissing it and affirming the order of first instance. In addition, the petitioner has challenged a notice of recovery issued by the Executive Officer, Nagar Palika Parishad, Kayamganj, Farrukhabad dtd. 10/3/2021, directing the petitioner to deposit a sum of 65,48,094/- in the Nagar Palika Account, maintained with the State Bank of India.

(2.) The petitioner was appointed as a helper to the Tubewell Operator, to wit, a Khallasi , on compassionate ground, vide order dtd. 24/5/1982, with the Nagar Palika Parishad, Kayamganj, District Farrukhabad (for short, 'the Nagar Palika'). The appointment was granted on account of the sudden demise of the petitioner's father in the night intervening 14/15/5/1982, who was a Khallasi in the employ of the Nagar Palika. Admittedly, the petitioner joined service on 25/5/1982. He was absorbed on the post of a Pump Operator vide order dtd. 9/11/1984 passed by the Officer-In-charge, Nagar Palika. Later on, he was absorbed on the position of an Accounts Clerk by an order of the President, Nagar Palika dtd. 3/4/2015.

(3.) The State of Uttar Pradesh framed the Uttar Pradesh Regularization of Persons Working on Daily Wages or on Work Charge or on Contract in Government Departments on Group 'C' and Group 'D' Posts (Outside the Purview of Uttar Pradesh Public Service Commission) Rules, 2016 (for short, 'the Rules of 2016') for the purpose of regularization of daily-wagers/ ad hoc employees, serving for long periods of time. A Five-Member Committee was constituted by the Nagar Palika and a notice pasted on the Notice-Board on 3/1/2017, requiring the daily-wagers to appear on 20/1/2017 before the Committee for consideration of their case for regularization. The constitution of the Committee, as the petitioner would say, reveals that he had no role to play in it. The claim of daily-wagers for regularization was to be assessed by the Five-Member Committee aforesaid. The Committee regularized the services of 42 employees, in consequence of which regularization orders dtd. 28/1/2017 were issued.