Tashrif vs State Of U.P. And 2 Others
2016 Latest Caselaw 3203 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - A No. - 13513 of 2016
 
Petitioner :- Tashrif
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Pankaj Srivastava
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pradeep Kumar Singh Baghel,J.

Heard learned counsel for the petitioner and the learned Standing Counsel at length.

It is submitted by the learned counsel for the petitioner that the order dated 04.05.2016 has been issued to overreach the order passed by this Court on 29.03.2016. On the said date, the Court has made the following queries:-

(i) The number of daily wager workers currently working in the Forest Department of the State.

(ii) the number of employees who have been regularized from 2002.

(iii) Whether any seniority list of the daily wage workers has been prepared after 2010 in compliance of the order of the Contempt Court.

In response to the said queries, a personal affidavit of  Principal Chief Conservator of Forest has been filed. From perusal of the affidavit of Principal Chief Conservator of Forest, it is evident that the full facts have not been disclosed inasmuch as total numbers of daily wagers have not been mentioned in the personal affidavit.

Thereafter, the Principal Chief Conservator of Forest has passed an order dated 04.05.2016 wherein he has directed that all the casual workers, who are working on the daily wage basis, should be disengaged and the engagement of the casual workers should be through outsourcing by the service provider. The petitioner has filed a stay application to stay the effect and operation of the order issued by the Principal Chief Conservator of Forest dated 04.05.2016.

Learned counsel for the petitioner contends that it is a settled law that when the Court is in seisin of matter, the state of affairs is not only required to be maintained, but it is presumed to exist till the Court orders otherwise. 

Learned Standing Counsel has submitted that he will seek instruction regarding para 2 of the order dated 04.05.2016.

Two supplementary counter affidavits have been filed today which are taken on record. 

As prayed by him, put up this case tomorrow for further hearing.

Order Date :- 30.5.2016

AU