SUDHIR AGARWAL,J. - (1.) Writ Petition No. 39343 of 1993 was filed by Om Pal Singh and Dharam Bir Singh (along with two others i.e. Uday Bir Singh and Babu Ram but after their death, appeal has already abated) challenging order dated 25.09.1993 passed by Food Commissioner, U.P., Lucknow terminating petitioners from service.
(2.) Petitioners Om Pal Singh and Dharam Bir Singh i.e. respondents-1 and 2 were working as Accounts Clerk and terminated from the said post. The facts as pleaded by respondents-1 and 2 in the writ petition are that they were appointed/employed as Accounts Clerk on seasonal basis in the Department of Food and Civil Supplies in 1972. Respondent-1 was so employed on 30.04.1972 and respondent-2 on 22.04.1972. Their qualification was B.Sc. and B.Sc. (Ag) respectively. Respondent-1 filed Writ Petition No. 13155 of 1987 while respondent-2 filed Writ Petition No. 13173 of 1987 with a prayer that appellants before this Court be directed to regularise respondents-petitioners considering their long and continuous service in ministerial post i.e. Accounts Clerk. This Court passed interim orders in the aforesaid writ petitions pursuant whereto, respondents-petitioners were permitted to continue to work as Accounts Clerk.
(3.) Aforesaid writ petitions along with others came to be decided by judgment dated 16.10.1992 by learned Single Judge. He relied on Supreme Court judgment in 'State of Haryana and others v. Piara Singh and others', 1992 (5) JT 179 (SC) and operative part of the judgment reads as under : "Accordingly I direct the opposite parties to regularise petitioners' services for the posts for which requisite qualification as and when a substantive vacancy arises. Out of total number of vacancies, 50 % will go to other categories. They will be entitled to be regularised only against 50% of the total number of vacancies every year, as per concession made by the learned counsel for the petitioners. The process will continue until all the petitioners are absorbed. With these observations, the writ petition succeed and are allowed without any order as to costs.";