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Suresh Chandra v. State Of U.P. & Others - WRIT - A No. 3991 of 1990 [2006] RD-AH 17247 (5 October 2006)


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Civil Misc. Writ Petition No. 3991 of 1990

Suresh Chandra (since deceased ) and others.................Petitioners


State of U.P. and others.................................................Respondents

Connected with

Civil Misc. Writ Petition No. 2918 of 1990

Smt. Indrani Devi and others...................................Petitioners


State of U.P. and others.................................................Respondents


Hon. Tarun Agarwala, J.

Heard the leaned counsel for the petitioners and the learned Standing Counsel for the respondents.

Sri Suresh Chandra was appointed as a collection peon in the year 1981 and his services were terminated by an order dated 31.8.1989. The allegation made in the writ petition is that he worked continuously from 1981 to 1989 and that no reasons were given for termination of his services, even though there was a requirement of work. The counter affidavit reveals that the services of the petitioner was terminated by an order dated 20.9.1989 issued by the Sub Divisional Officer. The said order indicates that the services of the petitioner was on adhoc and the period of his appointment has come to an end and that there is no further requirement of his services.

This Court while entertaining the writ petition granted an interim order staying the order of termination and further directing that in case there is a vacant post of collection peon and if the petitioners fulfill all other conditions and is found suitable he would be allowed to continue in the service. Based on the interim order dated 15.2.1990 the petitioner continue to work as a collection peon and by an order dated 9.5.2002 the District Magistrate provisionally regularized his services subject to the result of the writ petition. During the pendency of the writ petition Sri Suresh Chandra died on 12.5.2002 and his heirs has been substituted in the writ petition.

In view of the aforesaid, namely, that Sri Suresh Chandra working continuously from 15.2.1990 to till the date of his death till 12.5.2002, coupled with the fact that his services were also regularized provisionally by an order dated 9.5.2002. The impugned order of termination is consequently quashed and the deceased would be deemed to have been regularized in the service on 9.5.2002.

The widow of the deceased Smt. Indrani and his son Raj Kumar has filed another writ petition praying for appointment on compassionate ground and for payment of the dues of the deceased employees.

This writ petition No.3991 of 1990 is allowed and the writ petition No.2918 of 2003 is disposed of with a direction to the authority to consider the application and decide the same by a reasoned and speaking order within three months from the date of the production of a certified copy of this order.

Dated: 5.10.2006



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