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Harishchandra Vishwakarma v. State Of U.P. And Others - WRIT - A No. 12777 of 2007 [2007] RD-AH 4037 (9 March 2007)


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Hon'ble Rakesh Tiwari ,J

    Case has been taken up in the revised list.  No one has turned up on behalf of the petitioner to prosecute the case.

   Sri Atul Mehra, counsel for the respondents states similar controversy was involved in Civil Misc. Writ No. 6513 of 2007-Shrawan Kumar Gupta v. State of U.P. and others, which was dismissed vide order dated 7.2.2007.

     Perused the order dated 7.2.2007 passed in Shrawan Kumar Gupta (supra), wherein following reason has been recorded :-

"Hon. D.P.Singh, J



     From the perusal of the impugned order, it is apparent that the petitioner was laid off on the ground that the financial position of the society was extremely bad and after computerization, the work load has also decreased and thus certain seasonal employees including the petitioner were paid of. The services of such seasonal employees are governed by U.P. Cane Cooperative Service Regulations, 1975 wherein regulation 26 provides that the seasonal staff may be refused re-employment in the case of reduction of work or reduction in the strength of post.  In any event, the Cane Commissioner vide his order dated 20.12.2006 in order to provide benefit to seasonal employees, has granted them re-employment by rotation. Thus even the grievance of the petitioner has already been addressed to.

 For the reasons above, this is not a fit case for interference under Article 226 of the Constitution of India. Rejected.

Dt. 7.2.2007          Sd/- Illegible."

     Since the facts and circumstances of the instant case are similar to the above writ petition,  the controversy involved in this petition is covered by the aforesaid judgment.

     Accordingly, the writ petition is dismissed in terms of aforesaid order. No order as to costs.

Dated. 9.3.2007



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