SARVESH CHANDRA CHAUDHARY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Akhilesh Kalra, and Mr. Avinash Chandra, learned Advocates for petitioners and Mr. Gaurav Mehrotra, learned Advocate for respondent No.2 and 3 (Writ Petition No.5530 (S/S) of 2014), Allahabad High Court and District Judge, Ambedkar Nagar, as well as learned Standing Counsel for State.

(2.) In Writ Petition No.4813 (S/S) of 2014 and Writ Petition No.5530 (S/S) of 2014 both are filed challenging the impugned orders No.151/2014, order No.152/2014 and order No.153/2014 all dated 16.08.2014, passed by the District Judge, Ambedkar Nagar, whereby the District Judge, recalled the regularization order, consequential order for payment of salary and increment therein and recovery of excess amount paid to the petitioners. Writ Petition No.176 (S/S) of 2002, Writ Petition No.234 (S/S) of 2002, Writ Petition No.4742 (S/S) of 2002, Writ Petition No.4970 (S/S) of 2002, Writ Petition No.5474 (S/S) of 2002, Writ Petition No.783 (S/S) of 2003 and Writ Petition No.7544 (S/S) of 2003 are filed by the petitioners for quashing oral and written order of their removal from service and for mandamus commanding the respondents to continue in their services.

(3.) Nineteen persons were regularized by the District Judge, Ambedkar Nagar by his order dated 09.11.2012 and were granted salary of regular employees by another order of the same date and further, by order dated 25.7.2013, the District Judge also granted them increment in salary. The successor District Judge having found the said regularization to be illegal and bad, recalled the said order dated 09.11.2012 by his order No.152/2014 dated 16.08.2014. Further by order No.151/2014 and order No.153/2014 also dated 16.08.2014 he directed for recovery of excess salary and amounts wrongly paid from the petitioners. Said 19 persons (18 by Writ Petition No.4813 (S/S) of 2014 and 1 by Writ Petition No.5530 (S/S) of 2014) have challenged the said orders No.151/2014,152/2014 and 153/2014 dated 16.08.2014.