- (1.) Petitioner had filed Civil Misc. Writ Petition No. 36862 of 1994 (Ravindra Kumar v. State of U.P. and Ors.). This Court on 13.10.2008 disposed of writ petition with following direction which is being quoted below: Heard Sri B.P. Srivastava, learned Counsel for the petitioners as well as the learned Standing Counsel. Counter and rejoinder affidavits have been exchanged. This petition, is therefore, finally decided with the consent of the parties counsel. The petitioners were appointed on the post of Enumerators on 20.07.1989. They admittedly worked for a period more than 240 days. The services of the petitioners have been dispensed with. The learned Counsel for the petitioners pointed out that the present case is clearly covered by the decision of this Court dated 11.11.1992 in writ petition No. 7379 of 1990, "Pradeep Kumar Bajpai and Ors. v. Commissioner/Director of Industries and Ors." it was pointed out that, special appeal against the said judgment was carried to the Supreme Court which was dismissed. It was also pointed out that the aforesaid decision was followed in another writ petition No. 25613 of 1990, "Mohd. Arshad Khan v. State of U.P. and Ors.", decided on 21.1.1994 by this Court. The learned Standing Counsel pointed out that the appointment of the petitioners was on consolidated salary of Rs. 1200/- for a fixed period of only 8 months. Consequently, the petitioners are not entitled to any relief. The learned Standing Counsel also placed reliance on the decision dated 19.4.1994 made by the Hon'ble S.R. Singh, J. in writ petition No. Nil of 1994, "Anwar Ali and Anr. v. The Commissioner/ Director of Industries Udyog Bhawan, Kanpur and Ors.
(2.) I have perused the said judgment and find that Hon'ble S.R. Singh, J. had also followed the decision made by Hon'ble Justice N.K. Ganguli in writ petition No. 25613 of 1990.
(3.) Almost identical question of law and facts were raised in the earlier writ petitions and the present case is clearly covered by the decisions referred to above. The writ petition is finally disposed of with the direction that the petitioners shall be reinstated on the post of Enumerators with full back wages. The matter of regularisation of the petitioners in service is left open for being decided by the department according to law.";