AMRISH AGARWAL Vs. STATE OF U P
LAWS(ALL)-2015-5-209
HIGH COURT OF ALLAHABAD
Decided on May 29,2015

Amrish Agarwal Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

AKHTAR HUSAIN KHAN, J. - (1.) PRESENT writ petition has been filed by petitioner Amrish Agarwal under Section 226 of the Constitution of India with prayer to issue a writ, order or direction in the nature of Certiorari quashing the impugned termination order dated 2.9.2011 contained in Annexure No.1 to the writ petition. Further prayer has been made to issue a writ, order or direction in the nature of Mandamus commanding opposite parties to take back the petitioner in service and allow him to work and further regularize him in service with consequential benefits.
(2.) I have heard learned counsel for petitioner as well as learned Standing Counsel for respondents. Learned counsel for the parties agreed that writ petition should be disposed of finally.
(3.) LEARNED counsel for petitioner contended that selection was held for appointment of Instructors, Class III post against regular and vacant post in Radio and T.V. trade in the Establishment of opposite party no.3, the petitioner was selected and appointed on the said post of Instructor on daily wages basis. Photocopy of appointment letter dated 12.11.1991 is annexxure -2 to the writ petition. Learned counsel for petitioner contended that the petitioner joined the said post on 18.11.1991 and since then the petitioner had been working on the said post and his services were satisfactory. Learned counsel for petitioner contended that essential qualification for appointment on the post of said Instructor was Intermediate with I.T.I., whereas the petitioner was holding B.A with I.T.I in the trade. Learned counsel for petitioner contended that respondents no.1 and 2 vide order dated 21.9.2001 regularized the services of 36 daily wages Instructors in various trades in pay scale of 5000 -8000/ - including Sunil Kumar, who has joined on 18.11.1991 with petitioner but they have not regularized the service of petitioner standing in similar situation.;


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