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Shailesh Narain Misra And Others v. State Of U.P. & Others - WRIT - A No. 12555 of 1995  RD-AH 14002 (14 August 2007)
Hon'ble Vineet Saran, J.
Heard Sri R.K. Srivastava, learned counsel for the petitioners as well as the learned Standing Counsel appearing for the respondents and have perused the record. With the consent of learned counsel for the parties, this writ petition is being disposed of at this stage.
The petitioners were appointed as Junior Clerk between the years 1986 to 1990. By the impugned order dated 26.4.1995 the petitioners have been terminated from service alongwith several other persons.
Learned counsel for the petitioners states that in terms of the interim order granted by this Court the petitioners have been continuing in service. It has been stated that identical writ petition no.12345 of 1995 (Hari Shankar and others Vs. Director Employees, State Insurance Scheme, Labour Medical Services, U.P., Kanpur and others) challenging a similar impugned order dated 26.4.1995, whereby the petitioners therein had been terminated from service, this Court has, vide judgment and order dated 1.3.2004, quashed the order dated 26.4.1995. Learned counsel for the parties state that this writ petition is based on identical facts and can be disposed of in terms of the said judgment.
Accordingly, for the reasons given in the judgment and order dated 1.3.2004 passed in writ petition no.1234 5 of 1995 (filed as Annexure No.1 to the rejoinder affidavit), it is directed that the petitioners shall be deemed to be continuous in service and shall be entitled to all the benefits accrued by virtue of their appointments. The impugned order dated 26.4.1995 passed by the Director, Employees State Insurance Scheme, Labour Medical Services, U.P., Kanpur, respondent no.2 is quashed and the writ petition stands allowed.
No order as to cost.
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