Sunil Ambwani, J. - (1.) Heard Sri Chinta Manl Yadav for petitioner and Sri A.K. Singh as well as learned standing counsel for respondents.
(2.) Petitioner is challenging order dated 24/27.8.1991, passed by respondent No. 1, as well as the order dated 19.12.1991, passed by the respondent No. 3, whereby his appointment as weighing clerk on permanent basis was terminated and he was transferred as daily wage weighing clerk.
(3.) The facts in brief are that petitioner was appointed and was working as weighing clerk on daily wages in respondent sugar mill for several years. It is stated that he was performing duties of permanent employee yet he was not made permanent by any specific order. There was some resentment amongst the union of workers and the management, which ultimately resulted in an agreement in between the union and the management whereby it was agreed that all persons who were performing duty of permanent nature for several years shall be regularised. A selection committee was constituted. The petitioner participated in the selection on 14.2.1991 and was duly selected and was made permanent on 15.2.1991 vide Annexure-3 to the writ petition. Due to transfer of General Manager, the charge could not be handed over and that by impugned orders the selection was cancelled and he was again transferred as weighing clerk on daily wages. Petitioner has relied the judgment of this Court in Chandra Bhusan Sahi and Ors. v. Kisan Sahkari Chini Mill and Ors. Writ Petition No. 4523 of 1992 and other connected writ petition in which the impugned order in the similar nature was quashed by this Court and a special appeal against the order was dismissed.;