RAVI PRAKASH SRIVASTAVA Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition has been filed for a direction upon the respondents to absorb the services of the petitioners as Registration Clerk in the office of Inspector General of Registration. Records reveal that petitioners had earlier approached this Court by filing Writ Petition No. 27230 of 2003, which was carried in appeal, and all such appeals have been decided with Special Appeal No. 767 of 2004 being leading case : State of U.P. and others Vs. Raj Kumar Srivastava and others. The division bench by an exhausting judgment has been placed to hold that all the persons are ineligible for absorption in accordance with law. The conclusions of the division bench, in that regard, are extracted hereinafter:-

(2.) Before parting with the judgement, we are constrained to record that the entire exercise of regularization of daily wagers as Registration Clerks in the Stamp and Registration Department, State of U.P., was an effort to extend illegal benefit to the chosen few in order to bring them within the frame work of Regularization Rules 1998. This entire exercise smacks of malafide on the part of the State Government/Inspector General of Registration Department.

(3.) The public funds have been misused at the hands of the State Authorities. The Principal Secretary, Stamp and Registration, U.P., Lucknow, for the reasons best known to him, did not examine the matter despite directions given by us and acted illegally and recklessly in justifying the regularization of 392 Registration Clerks made in the department. We, therefore, direct the Chief Secretary of the State of U.P. to take up the matter and initiate an enquiry into the illegal exercise of regularization made by the State Officials. The role of the officers of the Registration department including the then IG Registration, U.P. Allahabad shall be inquired and responsibility be fixed upon all those who were sitting at the helm of the affairs and those who were involved in the entire process of regularization. The recovery for misuse of State Exchequer be also initiated against all those guilty, after fixing their responsibility after affording them opportunity to explain. A report may be submitted by the Chief Secretary to the High Court through Registrar General, High Court, Allahabad within a period of four months from the date of receipt of certified copy of this order.