HASNAIN AHMAD Vs. STATE OF U P
LAWS(ALL)-1995-2-83
HIGH COURT OF ALLAHABAD
Decided on February 08,1995

HASNAIN AHMAD Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.) PALOK Basu, J. If the proverb "facts are sometimes stranger than fiction" ever requires proof, one might look to the facts in this bunch of litigation categorised as "registration-Clerks-Bunch''-The fantastic truth is that almost all the persons who have filed writ petitions have obtained interim orders on the strength of which they continue to work in the Registration Department in various districts even though none of them was an "ad hoc" employee and none of them had worked even as 'casual-labour' for two hundred and forty days continuously in any calendar year and most distressing being that several of them have not worked at all even a 'daily-wager'.
(2.) IN this Bunch there are four different matters which includes several writ petitions filed at Lucknow Bench of this Court which were summoned for being heard along with similar matters filed in this Court and all connected were directed to be listed for final disposal, it may be noted that the ex pression 'petitioners' hereinafter includes petitioners in all the writ petitions even if they are appellants or respondents in the Special Appeals arising out of orders in those petitions and the expression 'state9 hereinafter includes the State of Uttar Pradesh, the INspector General of Registration or the District Registrars (Registration) of the district, as the case may be. The State was initially heard is some Special Appeals when it was pointed out that because of the interim or final orders in writ petitions passed by learned Single Judges, a piquant situation has been created inasmuch as managing the Registration offices has become difficult, if not impossible. Therefore, it was directed by a Division Bench that all the matters be bunched together as Registration Clerks Bunch and placed for final disposal and this is how four sets of matters have come up for hearing. The first matter consists of various writ petitions which were filed for a writ of mandamus commanding respondents to regularise their services as Registration Clerks, in some a writ of certiorari was also prayed for quashing the 'advertisement' calling applications from the candidates for appointment as Registration Clerks while in some petitions, further prayer was that the respondents be commanded not to refuse allotment of work to the petitioners as Registration Clerks.
(3.) THE second matter consists of Special Appeals against final orders passed by learned Single Judges in some writ petitions with similar prayers as mentioned above. Since in those writ petitions affidavits had been exchanged between the parties, writ petitions have been placed and seen along with the Special Appeals. The third matter consists of Special Appeal tiled by the State against final orders of learned Single Judge disposing of a writ petition with various directions to the Slaw as to what should and should not be done while selecting candidates for appointment as Registration Clerks.;


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