Munna Ahmad. vs Engineer-In-Chief,Irrigation ...
2012 Latest Caselaw 623 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 5
 

 
Case :- SERVICE SINGLE No. - 189 of 1992
 

 
Petitioner :- Munna Ahmad.
 
Respondent :- Engineer-In-Chief,Irrigation Department And Others.
 
Petitioner Counsel :- R.K.Chaudhary,R.K.Misra,Zishan Ahmad
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Ritu Raj Awasthi,J.

Heard learned counsel for the petitioner as well Mr. Mukund Tewari, learned Additional Chief Standing Counsel and perused the record.

The writ petition was filed in the year 1992 challenging the oral termination order. 

It is submitted by learned counsel for the petitioner that the petitioner was appointed on temporary basis on the post of Junior Clerk by office order dated 18.04.1990.  The appointment of the petitioner was extended from time to time and the petitioner continued to work till 15.12.1991 when all of a sudden he was stopped from discharging his work and duties by oral order. 

It is further submitted that the Court by an interim order dated 10.01.1992 had provided that in the meantime, the petitioner shall be allowed to continue in service if his services has been terminated by an oral order.  In compliance of Court's order, the petitioner is continuously working and performing his work and duties. 

Submission of the petitioner's counsel is that now the petitioner is covered under the Uttar Pradesh Regularization of Ad-hoc Appointments (on post outside the purview of Public Service Commission) Rules, 1979,  as he has worked continuously since his appointment i.e. 08.04.1990.

Mr. Mukund Tiwari, learned Additional Chief Standing Counsel on the other hand submitted that the appointment of the petitioner was made without following any procedure as the order of appointment disclose that the petitioner was appointed against the vacant post for two months only. 

I have considered the submissions made by the parties' counsel. 

It is admitted position that after the appointment of the petitioner by  order dated 18.04.1990, he was allowed to continue to work and his appointment was  extended from time to time till November, 1991, when his services was terminated orally.  Thereafter, the petitioner has been allowed to continue in compliance of interim order dated 10.01.1992 as such the petitioner has been working since his initial appointment vide office order dated 18.04.1990. 

The petitioner has put in more than 22 years of service. Under the Uttar Pradesh Regularization of Ad-hoc Appointments (on post outside the purview of Public Service Commission) Rules, 1979, wherein the cut-off date provided is 30th June, 1998, as such, regularization of ad-hoc appointments shall be considered.  The petitioner is covered under the said Rules.

For the aforesaid reasons, the writ petition is allowed with a direction to the opposite party no. 2-Chief Engineer, Pariyojna Samanvaya Unit, Ganga Sinchayee Bhawan, Telibagh, Lucknow to consider the petitioner for regularization under the Uttar Pradesh Regularization of Ad-hoc Appointments (on post outside the purview of Public Service Commission) Rules, 1979, in case he is continuously working and his work and conduct has been found satisfactory, within a period of four months from the date of receipt of a certified copy of this order.

With the aforesaid direction, the writ petition is allowed.

Order Date :- 23.4.2012

Nitesh