ARUN KUMAR TRIPATHI Vs. SACHIV KRISHI UTPADAN MANDI SAMITI DISPLAY STATUS
LAWS(ALL)-2018-1-96
HIGH COURT OF ALLAHABAD
Decided on January 08,2018

ARUN KUMAR TRIPATHI Appellant
VERSUS
SACHIV KRISHI UTPADAN MANDI SAMITI DISPLAY STATUS Respondents

JUDGEMENT

Siddharth, J. - (1.) Heard Sri Amit Saxena, learned Counsel for the petitioner and Sri Shashank Shekhar Singh, learned Counsel for the respondents.
(2.) The petitioner has filed the above noted writ petition, praying for the quashing of the orders dated 08.10.1997, passed by Nideshak, Rajya Krishi Utpadan Mandi Parishad (U.P.), Lucknow, respondent no.3, whereby he imposed absolute ban on fresh appointments in Mandi Parishad/ Mandi Samities and the officers were directed to comply the same. The petitioner has further prayed for quashing of the order dated 10.12.1998, passed by the Sachiv Krishi Utpadan Mandi Samiti, Mundera, Allahabad, respondent no.1, whereby, he has rejected the representation of the petitioner for permitting him to work in pursuance of the order passed by this Court. Further prayer has been made for directing the respondents to treat the petitioner in service w.e.f., the date of his appointment and pay his regular salary from Oct., 1997 till date.
(3.) The brief facts of the petition are that the petitioner was appointed temporarily on adhoc basis as Mandi Sahayak (Kamdar) by Secretary, Krishi Utpadan Mandi Samiti, Shahjahanpur, vide order dated 19.04.1994, on the recommendation of Divisional Selection Committee, Bareilly. By the order dated 03.07.1997, passed by Additional Director (Administration), Rajya Krishi Utpadan Mandi Samiti, Lucknow, the petitioner was transferred to Allahabad Division and he joined at Krishi Utpadan Mandi Samiti, Allahabad, on 03.07.1995. He was paid salary till September, 1997 since the date he joined at Allahabad and from October, 1998, payment of wages was stopped. Against deprivation of wages and non grant of work, the petitioner approached this Court, by means of Writ Petition No.33168 of 1998, which was finally disposed off on 15.10.1998, directing the authority concerned to take decision regarding assignment of work to the petitioner and by the order dated 10.12.1998, the representation of the petitioner was rejected, referring to an order dated 08.10.1997, passed by the Nideshak, Rajaya Krishi Utpadan Mandi Parishad, Lucknow, respondent no.3, translated from Verna cular and quoted below; " It has come to my knowledge that various illegal/ unnecessary appointments have been made in Mandi Parishad/ Mandi Samities. Therefore, with immediate effect every kind of fresh appointments on any post, in any condition are being stopped. All officers of Mandi Parishad/ Mandi Samities should comply this order absolutely.Mandi Director";


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