C M PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) THE questions arise for consideration are that as to whether the legality or validity of appointment of the petitioner which was subject-matter of earlier writ petition filed by him has attained the finality between the parties? If it is so as to whether same can be subjected to further scrutiny by respondent authorities on account of subsequent decision rendered by Hon'ble Apex Court in Appeal (Civil) No. 4092 of 2001, State of U. P. v. Neeraj Awasthi and others, decided on 16.12.2005, which was not related to the petitioner's case and arose out of retrenchments and/or termination of services of ad hoc, daily wage work-charged employees of Rajya Krishi Utpadan Mandi Parishad (State Agricultural Produce Markets Board) and Market Committees ; and as to whether the termination of the services of petitioner purporting to be in compliance of the decision of Hon'ble Apex Court dated 16.12.2005 is justified under law?

(2.) BY this petition, the petitioner has challenged the order dated 28.1.2006, passed by respondent No. 3, i.e., Director. Rajya Krishi Utpadan Mandi Parishad, Lucknow, contained in Annexure-20 to the writ petition whereby the services of petitioner were dispensed with on the grounds mentioned therein.

(3.) IT is further alleged that to challenge the aforesaid judgment and order passed by Division Bench of this Court by filing special leave petition before Apex Court initially the State Government has given permission but subsequently after taking legal advice the said permission was withdrawn by the State Government vide its order dated 9.12.1999. A photostat copy of the order dated 9.12.1999 is on record as Annexure-12 of the writ petition. Consequently the special leave petition filed against the judgment and order dated 9.9.1999 was withdrawn by the State Government and the Hon'ble Apex Court has dismissed the special leave petition on 16.12.1999 as withdrawn. A copy of the said order is on record as Annexure-13 to the writ petition. After withdrawal of the aforesaid special leave petition the Director, Mandi Parishad has passed a detailed order on 20.12.1999 whereby the petitioner has been reinstated in service with all consequential benefits of service. A copy of the order of reinstatement is on record as Annexure-15 to the writ petition. IT is also stated that in the circumstances stated hereinbefore the decision of Division Bench of this Court has attained the finality between the parties upto the stage of Apex Court and State Government has fully agreed with the judgment and observation made by Division Bench of this Court and that the order passed by Division Bench of this Court has been fully complied with and since then the petitioner was continuously working on his post with all satisfaction to the respondents and his services were also stood confirmed by legal implication.