LAXMAN DUBEY Vs. STATE OF U.P.

JUDGEMENT

(1.) By means of this writ petition the petitioner has challenged the order dated 7.9.2010 by which the petitioner's contractual engagement has been dispensed with upon certain allegation that he was not found on duty at the time of inspection and in his place some other person was conducting the bus.

(2.) The petitioner challenged the said order by means of this writ petition which was initially disposed of by order dated 30.4.2012 by the learned Single Judge with the direction that the petitioner has a remedy of filing an appeal under the Regulations of 1981 Regulation. The said order was challenged by the Corporation before a Division Bench of this Court by means of Special Appeal (Defective) No. 648 of 2012 which was disposed of by judgment and order dated 10.1.2013 wherein the Division Bench held that the by the earlier order of the learned Single Judge the petitioner was relegated to file an appeal under Regulations of 1981 Regulation which was not attracted in case of contractual employee and the Division Bench set aside the order of learned Single Judge dated 30.4.2012 and has remanded the matter to consider the claim of the petitioner afresh and left it open for the petitioner to raise all claims.

(3.) I have considered the submission of learned counsel for the petitioner.