- (1.) Heard Shri B.P. Singh, Senior Advocate assisted by Shri Vivek Kumar Singh for the petitioner and learned Standing Counsel for the respondents.
(2.) By means of present writ petition, the petitioner has prayed for quashing the impugned order dated 23.9.2013 passed by the Sub Divisional Officer, Lalganj, District Mirzapur rejecting his representation; the order dated 23/24.9.2013 passed by the Sub Divisional Officer, Lalganj, District Mirzapur, terminating the services of the petitioner and the order dated 9.1.2014 passed by the Collector, Mirzapur.
(3.) It appears from the record that the petitioner was initially engaged as Seasonal Collection Peon on 23.3.1987 for three months, which was extended from time to time till 19.12.1990. Thereafter, one Brij Nath, Collection Peon retired on 31.8.1990. The petitioner was appointed on adhoc basis on 22.12.1990 against the clear vacancy of Collection Peon. The name of the petitioner stands at serial no.39 in the seniority list of Collection Peons. The said seniority list was part of Writ Petition No.14041 of 1991. The services of all juniors to the petitioner, namely Rakesh, Satya Deo, Manoj Kumar etc. were regularized before the year 1991. Against the oral termination, the petitioner filed Writ A No.14041 of 1991, in which an interim order was granted on 2.3.1991. Thereafter, the said writ petition was finally disposed of on 31.1.2002 with following observation:- "I have heard counsel for petitioner and standing counsel for the respondents. In the circumstances of the case, it would be appropriate to dispose of this case with the following observations:- - In case the petitioner is still working; and - his work and conduct is good and - there is vacancy. Then respondents may consider regularizing services of the petitioner. It is made clear that any salary or emolument paid to the petitioner will not be recovered from him and in case he is still working then his services will also not be terminated till the question of regularization is considered by the respondents. With these observations the writ petition is disposed of.";