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Dwarika v. State Of U.P. And Others - WRIT - A No. 69741 of 2005 [2005] RD-AH 5513 (10 November 2005)


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Court No. 53

Civil Misc. Writ Petition No.  69741 of 2005


Dwarika Vs. State of U.P. and others

Hon'ble Arun Tandon, J.

Heard Sri Akhilanand Mishra, Advocate on behalf of petitioner and learned Standing Counsel on behalf of respondents.

This Court by means of the judgment and order dated 17th January, 2003 passed in Civil Misc. Writ Petition No.  29545 of 2001 and Civil Misc. Writ Petition No.  29547 of 2001 issued following directions:

"For the reasons aforesaid, the writ petitions are allowed. The impugned order dated 7th July, 2001 terminating petitioners' services with effect from 16th June, 2001 passed by the Executive Engineer, Drainage Khand, Gorakhpur without any benefit or back wages or any consequential benefits, is set aside. The respondents are directed to drawn list of petitioners as well as other employees engaged by them on daily wages in accordance with their date of initial engagements. The petitioners and other employees, so placed in the list, will be offered daily wage employment or regular appointments if available and required by the divisions, strictly in accordance with their seniority in the list. The list, so drawn, shall be sent to each of petitioners separately and published in news papers.

There shall be  no order as to costs."

On behalf of the petitioner it is contended that in clear violation of the directions issued by this Court as aforesaid, the respondents have offered appointments on daily wages only to the persons who were petitioners in the aforesaid writ petitions giving rise to the judgment and order dated 17th January, 2003. It is further alleged that the petitioner is senior to some of the petitioners of the said writ petitions, who have been offered appointment on daily wages.

From the order of the Court referred to above, it is apparently clear that General Directions were issued commanding the respondent authority to offer appointment on the daily wages strictly in accordance with the seniority to be prepared for the said purpose in light of the directions of this Court referred to above. If the allegations made by the petitioner are correct, the authorities have not acted in conformity with the order of this Court dated 17th January, 2003 and have therefore,  created a situation, whereby persons like the petitioner are required to approached this Court again.

In such circumstances, the present writ petition is disposed of finally with a direction upon the Chief Engineer (Gandak) Irrigation Department, U.P. Gorakhpur (respondent no.3) to act strictly in accordance with the judgment and order dated 17th January, 2003 referred to above. He shall ensure that no further complaint is made to the Court that the appointment on daily wages  is not being offered strictly on the basis of the seniority as directed under the said judgment and order of this Court referred to above. The respondent no.3 shall pass a reasoned speaking order  in that regard within four weeks.




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