RADHEY SHYAM AND ANOTHER Vs. STATE OF U P & ANOTHER
LAWS(ALL)-2013-10-275
HIGH COURT OF ALLAHABAD
Decided on October 01,2013

Radhey Shyam And Another Appellant
VERSUS
State Of U P And Another Respondents

JUDGEMENT

- (1.) Heard learned counsel for the petitioners and learned standing counsel for respondents.
(2.) It is not in dispute that the petitioners were initially appointed as Seasonal Collection Amin some time in the year 1982 and since then they were continuously working as Seasonal Collection Amin. Meanwhile in the year 1990 the Government of Uttar Pradesh had been pleased to fill up the vacancies reserved under the quota of scheduled caste by adopting special drive under which the petitioners were regularised on the post of Collection Amin on 25.7.1991. But it appears that while passing the order of appointment Sub Divisional Officer, Meja has treated the services of the petitioners on temporary basis. Thereafter it appears that vide order dated 3.09.1993 the services of the petitioners were dispensed with. Feeling aggrieved against which the petitioners have filed writ petition before this Court, wherein the petitioners were directed to make representation before the District Magistrate, Allahabad who in turn was directed to investigate the question as to whether the petitioners were appointed after regular selection in accordance with law or not and the operation of order dated 3.09.1993 was stayed by this Court for a period of three months or till petitioners' representations were decided. The aforesaid order dated 1.10.1993 passed by this Court in earlier writ petition filed by the petitioners is on record as Annexure-7 of the writ petition. Thereafter the District Magistrate, Allahabad has decided the representation of the petitioners holding that the petitioners' selection was not made in accordance with law vide order dated 14.12.1993 contained in Annexure-8 of the writ petition.
(3.) Feeling aggrieved against the said order the petitioners have filed instant writ petition before this Court. While entertaining the writ petition it appears that on 23.2.1994 this Court as interim measure has passed the following order on the order sheet:- " List on 15.3.94. Meanwhile the order dated 13.12.93 shall remain in abeyance. The respondents shall not take the charge of the petitioners and will allow them to work with salary till further orders.";


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