SUBODH KUMAR KAUSHIK S O SHRI RAM NARAIN KAUSHIK Vs. STATE OF U P
LAWS(ALL)-2005-10-53
HIGH COURT OF ALLAHABAD
Decided on October 07,2005

SUBODH KUMAR KAUSHIK S/O SHRI RAM NARAIN KAUSHIK Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

Tarun Agarwala, J. - (1.) Under the Census Act of 1948, a census is conducted in the | country every 10 years and for this purpose a Directorate of Census Operation has been established in each State. When' the time comes for carrying out the census operations, a large number of temporary posts are created for a short period in connection with the tabulation and process of the data collected. These posts are created for a fixed period and once the specified period is over, these posts are abolished and the temporary staff appointed on these posts are disengaged.
(2.) In the past, as and when the census work was completed and, the employees engaged on temporary basis were disengaged, certain benefits were given to the census workers, such as, priority in the recruitment in the vacancy in the Government service, absorption in the Government, etc. The State of U.P, issued The Uttar Pradesh Absorption of Retrenched Employees of Government or Public Corporation in Government Services Rules, 1991. Based on these Rules, the census workers were treated as retrenched employees and were given employment under these Rules in various departments of the State Government.
(3.) In the District of Jhansi, the census work was required to be completed by 2001 and therefore, the District Magistrate directed the Employment Exchange to sponsor the names of the candidates for I being appointed on a temporary basis. The petitioner was registered with the Employment Exchange ancMiis name was sponsored by the.Employment Exchange and a letter of appointment dated 5.10.2000 was issued appointing the petitioner as a Junior Clerk in the pay scale of Rs. 3050-4590 on a temporary basis up to 31.5.2001. The letter of appointment specifically stated that the appointment was limited till 31 May 2001. In accordance with the aforesaid terms and conditions, the appointment of the petitioner came to an end on 31st May 2001.;


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