MAGARSEN Vs. STATE OF U P
LAWS(ALL)-2002-1-131
HIGH COURT OF ALLAHABAD (AT: LUCKNOW)
Decided on January 21,2002

Magarsen Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

S.K.SINGH, J. - (1.) HEARD learned Counsel for the parties. By means of this writ petition the petitioner has prayed that oral order dated 1.6.92 given by the respondent No. 3 by which petitioner was asked not to attend his duties, be declared illegal and void. Further prayer has been made that respondents be commanded to allow the petitioner to continue on his post and to pay regular pay scale to the petitioner at par to the regularly appointed Class IV employees.
(2.) PETITIONER claims to have been appointed as daily wager Peon on 13th July, 1988 and according to him he has been continuously working till 31.5.1992. It has been pleaded that as the work and conduct of the petitioner has been satisfactory and good, the petitioner has completed more than 240 days in every year, the action of the respondent in terminating the petitioner's services by oral order, is clearly illegal. Learned Counsel for the petitioner submits that in view of the continuous working of the petitioner from 13.7.1988 upto 31.5.1992 petitioner is entitled to continue and to receive regular pay scale. It has also been argued that junior person to the petitioner viz. Indrapal and Anant Ram etc. have been permitted to continue.
(3.) LEARNED Counsel who appears for the respondents on the strength of the facts so Stated in the counter -affidavit submits before this Court that - (I) Petitioner was never engaged against any regular vacancy by adopting any regular process. (II) Petitioner has never worked for more than 240 days continuously in a calendar year. (III) Petitioner was disengaged due to shrinkage of work in the department on account of which large number of daily wage Class IV employees were asked to go away. (IV) The engagement of the petitioner was only for specific purpose as the work extended due to Waste Land Mapping Scheme. 1987 and all the project being of short period, they ended by end of December, 1991. ;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.