SURESH CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) -Heard Sri D. V. Singh, learned counsel for the petitioner as well as learned standing counsel appearing for respondent No. 1 ; Sri C. K. Singh for respondents No. 2 and 3 and Sri Vipul Kumar for respondent No. 4. With consent of the learned counsel for the parties, this writ petition is being disposed of at the admission stage itself.

(2.) THE petitioner was initially appointed on a Class IV post on 29.9.1993 in Nagar Kshetra Samiti, Mohanpur, District Etah. In February, 2001 by an order passed by the District Magistrate, the petitioner was attached to Nagar Panchayat, Amapur, District Etah. THEreafter by an order dated 31.12.2003 passed by the Chairman of the Nagar Panchayat, Amapur the attachment of the petitioner was withdrawn and he was sent back to Nagar Panchayat, Mohanpur. Aggrieved by the said order the petitioner filed Writ Petition No. 7223 of 2004, of which there is no disclosure in this writ petition and the same has been brought on record by the respondent No. 2 by way of filing a counter-affidavit. THE said Writ Petition No. 7223 of 2004 was dismissed by a detailed and reasoned order dated 4.3.2004. It has also been stated that the said judgment was challenged by the petitioner in special appeal which was dismissed as withdrawn on 2.2.2005. Now by means of this writ petition the petitioner has prayed for a direction in the nature of mandamus commanding the respondent No. 2 Nagar Panchayat, Amapur to permit the petitioner to work on the post of Tax Collector and to pay him his salary.