RAJMAN Vs. ASHOK KUMAR SINGH

JUDGEMENT

(1.) The writ court after noticing that the petitioners were continuously working since 1978 and their services were regularized by order dated 13.10.2016, proceeded to quash the subsequent order, passed on 29.8.2018, whereby the previous order of regularization dated 13.10.2016 was cancelled. The court further directed the State Government to consider creating supernumerary posts. It was also directed that while creating such posts, it shall also be considered whether the posts should be created from the date the services of the petitioners were regularized. While issuing these directions, the court recorded a specific finding that "the petitioners claim for regularization was clearly covered under the Regularization Rules".

(2.) During pendency of the instant contempt petition, the Principal Secretary, Panchayat Raj, U.P., Lucknow filed an affidavit of compliance. Along with it, he brought on record an order passed on 29.7.2019, by which it was held that in the absence of complete records being available, it could not be held that the petitioners were working continuously since 31.12.2001. Accordingly, he declined to create supernumerary posts.

(3.) This court in its order dated 7.9.2019, held that it was not open to the opposite party to enter into the issue whether the petitioners were entitled to regularization or not, as the order of regularization already passed on 13.10.2016, stood restored by order of the writ court, with a further finding that the claim for regularization is covered under the Regularization Rules. The court held that the exercise undertaken by the Principal Secretary was in teeth of the finding recorded by the writ court. Consequently, opposite party no. 2 was directed to remain personally present and to offer explanation as to why he should not be punished for being in contempt.