Naimuddin vs State Of U.P. And 4 Ors.
2017 Latest Caselaw 251 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 59
 

 
Case :- WRIT - A No. - 56152 of 2016
 

 
Petitioner :- Naimuddin
 
Respondent :- State Of U.P. And 4 Ors.
 
Counsel for Petitioner :- Shahid Ali Siddiqui, Zakiya Begum Quadri
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manoj Kumar Gupta,J.

Counter affidavit filed today is taken on record.

Counsel for petitioner does not wish to file any rejoinder affidavit.

In the impugned order, the finding recorded is that the petitioner has neither been employed on contractual basis nor he had been working as a daily wager.

On the other hand, counsel for the petitioner has referred to a resolution passed in a meeting of the Board held on 16.10.1993 wherein it is stated that  three employees have been employed on contractual basis and an approval has been made to their employment. He has also referred to another resolution dated 7.5.2011 wherein, a decision was taken  to grant minimum of the pay scale to these three employees. The specific case of the petitioner is that he is one of the three employees referred to in the  Board's resolution.

The Chief Development Officer, Shahjahanpur, who has passed the impugned  order shall file his personal affidavit bringing on record the material on basis of which he has recorded a finding in the impugned order that employment of the petitioner was not on contractual basis nor as a daily wager but as a part time employee.

A certified copy of this order shall be supplied to learned standing counsel free of cost to ensure its communication and compliance by the concerned Chief Development Officer.

List on 3 July 2017.

                                    (Manoj Kumar Gupta, J.)                   

Order Date :- 8.5.2017

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