- (1.) We have heard Shri J.K. Tiwari, learned Standing Counsel appearing for the State -appellants. Shri H.S.N. Tripathi appears for the respondent.
(2.) This intra court special appeal under Chapter VIII Rule 5 of the Rules of the Court arise out of judgment of learned Single Judge dated 16th August, 2002 by which the writ petition was allowed, and while setting aside the order dated 2nd July, 2001 passed by the Inspector general, Registration, U.P. at Allahabad a direction was issued to consider the case of the petitioner for regularisation as a clerk in the Registration Department in accordance with the Rules of 1998. Learned Single Judge further directed that since the petitioner was allowed to continue from 1st May, 1991 to 31st October, 1991, he will be entitled to emoluments upto 31st October, 1991. The prayer for emoluments upto January 1993 was not accepted.
(3.) Briefly stated the facts giving rise to the writ petition are that the petitioner was appointed as daily wage clerk in the Department of Registration by the Inspector General (Registration) U.P. Allahabad on 2nd January, 1991 on temporary basis, for a limited period upto 28.2.1991, or until regular selections. The period of his appointment along with three other daily wage clerks was extended by order dated 13th March, 1991 from 4.3.1991 to 4.5.1991, and thereafter by order dated 29.4.1991 from 1.5.1991 to 31st October, 1991 on consolidated wages of Rs. 1000/ - per month. The petitioner submitted a representation on 18th December, 1991 to the Inspector General (Registration) for payment of his salary from 9.4.1991 to 1.11.1991, with a complaint that the other three daily wage clerks were regularised. The petitioner, thereafter, file Writ Petition No. 21077 of 1992 for regularisation and for payment of salary w.e.f. April 1991 on 6.6.1992. The Court directed that until further orders the respondents are directed to allow the petitioner to continue as clerk in the office of the respondents and to pay salary to the petitioner. The petitioner was allowed to join in pursuance to the aforesaid order on 21.1.1993. The writ petition was pending for about 3 years. On 25.4.1996 the Division Bench disposed of the writ petition on the basis of the orders passed in Writ Petition No. 31615 of 1990, Vijay Kumar Kanshik v/s. State of U.P. and Ors. along with several other connected writ petitions.;