DIL MOHAMMAD Vs. KISAN SAHKARI SUGAR MILLSLTD

JUDGEMENT

(1.) -This writ petition is directed against the impugned order dated 29.12.2005 passed by the Chief Manager, The Kisan Sahkari Sugar Mill Ltd., Ghosi, district Mau-respondent No. 2 (hereinafter called as 'the Mill'). By the order, appointment order of the petitioner has been cancelled in terms of provision of clause 16 contained therein.

(2.) IT appears that for the establishment of the Mill land was acquired by the State Government from the villagers of village Ghosi. Directions were issued by the State Government vide letters dated 21.2.1980 ; 6.7.1983 and 21.8.1989 to the effect that in case of acquisition of land of the villagers, one member of the displaced family shall be given employment on a post other than a post which falls within the purview of the U. P. Public Service Commission. The lands of one Sri Abdul Raseed, father of the petitioner and Sri Siddique, his real uncle were acquired.

(3.) THE alleged affidavit said to have been executed by Sri Siddique, on the basis of which the petitioner was given appointment in the Mills is as under : "Sapath Patra (1) Hamki Siddique bahalaf bayan karta hun ki mera nam Siddique. Mere Pita ka nam Saha Wali Sakunat gram Dharauli pargana va Tahasil Ghoshi Janpad Azamgarh hai. (2) Yah ki Main Siddique bahalaf bayan karta hun ki meri aaraji bhumidhari baka mauja Kishan Sahakari Chini Mill Ghoshi main le li gayee hai. (3) Yah ki Main Siddique bahalaf bayan karta hun ki main bahwajah jaiki kaam karne se majboor hun. Isliye main apne ladke Dil Mohammad putra Siddique ko karya karne ke liye adhikrit kar raha hun. (4) Yah ki Main Siddique bahalaf bayan karta hun ki uprokta majmoon bayan halfi sahi va satya hai. Isme koi baat jhoot nahin hai aur na chipai gai hai. Khuda meri madad kare. Bamukam Tahasil Ghosi tarikh 26.11.1987 is 0. (5) Aao. No. 425 Raqba 189 kadi. Mohd. Siddique Hastaksar Sapathkarta"