BHAGWAN DAS Vs. STATE OF U P

JUDGEMENT

(1.) 1. Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the respondents. With the consent of learned counsel for the parties, this writ petition is disposed of at this stage without calling for a counter affidavit.

(2.) THE petitioner is working as Bandi Rakshak in the district Jail, Lalitpur for the last more than 15 years. When on 27.2.1993 the services of the petitioner were terminated after treating him as a temporary Government Servant, the petitioner filed writ petition no. 8682 of 1993 in which an interim order was initially passed and the writ petition was finally allowed on 9.3.2005 and it was held that the services of the petitioner had already been regularized and could not be terminated, except in accordance with law. By the impugned order dated 23.3.2005 the services of the petitioner has been regularized with effect from the date of judgment passed in writ petition no. 8682 of 1993, which was on 9.3.2005. THE petitioner contends that regularization of his services had already been made in terms of the aforesaid judgment itself and as such treating the petitioner to be regularized only from 9.3.2005 could not be justified as he would be entitled to such benefit from the year 1990. With regard to such grievances the petitioner has already filed several representations before the respondent-authorities, which have yet not been decided. Considering the facts and circumstances of this case, this writ petition is finally disposed of with the direction that in case if, with regard to his grievances made in this writ petition, the petitioner files a fresh comprehensive representation before the Senior Superintendent of District Jail, Jhansi, respondent no.2, alongwith a certified copy of this order, the same shall be considered and decided by the said respondent no.2, in accordance with law, expeditiously, preferably within a period of three months from the date of filing of the same. With the aforesaid observations/directions, this writ petition is finally disposed of. No order as to cost.