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Ram Narain Singh And Ors. v. Alld. Mandal Vikas Nigam Ltd. And Ors. - WRIT - A No. 36695 of 1992 [2004] RD-AH 68 (10 February 2004)


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Court No.23

Civil Misc. Writ Petition No.36695 of 1992

Ram Narain Singh and others Vs. Allahabad Mandal

Vikas Nigam Ltd. through its Managing Director and another


Hon'ble V.C. Misra, J.

Heard Sri G.D. Misra, learned counsel for the petitioners and learned standing counsel for the respondents.

All the 25 petitioners to the present writ petition were working as Tube-well Operators with the respondent no.1-Allahabad Mandal Vikas Nigam Ltd. It is stated that the State Government had abolished all Mandal Vikas Nigams in the State of U.P. including Allahabad Mandal Vikas Nigam Ltd. The State Government in order to mitigate the hardship of the employees of the Mandal decided for providing re-employment to the retrenched employees of the said abolished Vikas Mandal Nigams including that of Allahabad Mandal Vikas Nigam as per the policy decision taken in its relevant Government Orders.

Counsel for the petitioners states that in due course of time many employees similarly situated, had been absorbed in the same department or the other government services as per the policy decision including some of the petitioners of this writ petition. Counsel for the petitioners also states that some of the petitioners have been discriminated and arbitrarily left out from being considered for absorption. Petitioner Nos.2, 11, 16 to 20 & 23 have yet not been absorbed and the matter is lingering for a quite long time and thus the petitioners are facing irreparable harm, injury and hardship since they have not been given re-employment or absorbed in the services. This Court had vide its order dated 13.10.1992, directed the respondents to absorb the petitioners on suitable alternative posts or vacancies in some other Government Departments or State Corporation within three months from the date of production of the certified copy of the order. This order was not complied with by the respondents resulting in initiation of contempt proceedings which are still pending.

The respondent no.2 is directed to consider the absorption of the services of the petitioners in accordance with law keeping in view the orders passed by this Court from time to time in respect with the matters of the petitioners, within a period of one month from the date the petitioners file a representation along with the certified copy of this order.

Learned counsel for the petitioners prays for and is granted two months time to submit their representation before the respondent no.2.

With these observations, the writ petition is disposed off accordingly. No order as to costs.

February 10, 2004



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