VISHUN KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. R.J. Trivedi, learned Counsel for the petitioners, Mr. Shobhit Mohan Shukla, learned Counsel for the opposite parties Nos. 2 and 3 and learned Standing Counsel. Petitioner No. 1-Vishun Kumar is working as Class-IV employee in Poorva Madhyamik Vidyalaya, Marsanda, District Sitapur, whereas petitioner No. 2-Kanhaiya Lal is working in the same capacity in Poorva Madhyamik Vidyalaya, Chalakapur, district Sitapur since 1985.

(2.) Submission of the learned Counsel for the petitioners is that though petitioners were designated as part-time class IV employee and were paid Rs. 30/- per month but their services were not regularized. Therefore, they approached this Court along with other persons by filing Writ Petition No. 6300(SS) of 1992, Ram Milan Singh and others v. District Basic Education Officer, Sitapur and others, seeking a direction to pay and place them on the post of Chowikdar and pay all admissible allowances under the Rules. In the said writ petition, initially, vide an interim order dated 4.9.1992, this Court directed opposite parties to consider the claim of petitioners for regularization in service and to make payment of salary in the regular pay-scale pending regularization. Ultimately, vide order dated 16.7.1999, the said writ petition was disposed of finally with a direction to the opposite parties to pay the petitioners a regular pay-scale of Class-IV employes as admissible under the law.

(3.) According to the petitioners, against the judgment and order dated 16.7.1999, the District Basic Education Officer, Sitapur had filed Special Appeal No. 248 of 2000 and a Division Bench of this Court, vide judgment and order dated 18.7.2000, while rejecting the application for condonation of delay, dismissed the Special Appeal. Feeling aggrieved, the District Basic Education Officer, Sitapur had approached the Hon'ble Supreme Court by filing Special Leave to Appeal (Civil) No. 13873 of 2000 and the Hon'ble Supreme Court, vide judgment and order dated 13.9.2000, dismissed the Special Leave Petition. Thereafter, in compliance of the order of the writ Court dated 16.7.1999, the Assistant Basic Education Officer, Sitapur regularized the services of petitioners w.e.f. 5.3.2001 in the pay-scale of Rs. 2550-3200 vide order dated 5.3.2001.