Dilip Gupta - (1.) THIS petition seeks the quashing of the order dated 22nd September, 2009 passed by the District Magistrate, Moradabad by which the claim of the petitioner for absorption in service as he had worked as Peon in the office of the District Magistrate, Moradabad for census work from 4th August, 2000 to 31st May, 2001, has been disposed of with a direction that it shall be considered in accordance with the Government Orders after the vacancies are advertised.
(2.) THE records of the writ petition indicate that in the year 2000, the District Magistrate, Moradabad advertised posts of Junior Clerks and Peons for census work for the year 2000-01 and the petitioner was appointed as Peon on temporary basis from 4th August, 2000 to 31 st May, 2001. It was specifically mentioned that the appointment could be terminated at any time without any notice. THE petitioner worked upto 31st May, 2001. As some persons who had been given such temporary appointment for census work were absorbed in service and the petitioner was not absorbed, he filed Writ Petition No. 37589 of 2006 which was disposed of on 20th July, 2009 with the following observations : "Submissions of the learned counsel for the petitioner is that petitioner was employed as a peon (Class IV employee) in the Census Department at Moradabad in the year 2000. His services were retrenched in 2001. THE Government of Uttar Pradesh has taken a decision that all the retrenched employees of the said department shall be absorbed in respective districts in various departments where vacancies existed. Submission is that several persons like Sushila Chaurasia, Devi Charan Saraswat and Ashok Kumar Bhardwaj have been absorbed and petitioner has not been absorbed till date. It is unfortunate that even after lapse of the period of 8 years petitioner's case has not been considered by the District Magistrate while some of the persons have been absorbed. In view of the above, the District Magistrate, Moradabad is directed to be consider the petitioner's case also in the light of relevant Government Orders in accordance with law by passing a speaking and reasoned order expeditiously and preferably within four months from the date of receipt of a certified copy of this order and communicate the decision." The petitioner thereafter submitted a representation before the District Magistrate, Moradabad which has been disposed of by the order dated 22nd September, 2009 which order has been assailed in this petition. The District Magistrate has made reference to the two Government Orders dated 9th October, 2007 and 21st August, 2007.
(3.) THE Government Order dated 21 st August, 2007 is in connection with the concession to be given to persons who had worked on temporary basis in the 1991 and 2001 for census work while providing employment. It mentions that it has been issued for ensuring compliance of the orders passed by the Court in Writ Petition No. 12171 of 2002 (Subodh Kumar Kaushik v. State of U.P. and others) and Writ Petition No. 2905 (S/S) of 2006 (Sanjay Kumar Pandey v. State of U.P. and others). The Government Order provides as follows : 1. Relaxation of three years in age shall be given to such persons who had worked in 1991 and 2001 census for continuous six months on Group 'C and 'D' posts falling outside the purview of Public Service Commission. 2. No relaxation shall be given in the educational qualifications. 3. No seniority shall be given. 4. The Scheme shall be for a period of three years from the date of issue of the Order. ;