Mridul Kumar vs District Magistrate, Jaunpur And ...
2017 Latest Caselaw 5800 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- SPECIAL APPEAL No. - 1769 of 2013
 

 
Appellant :- Mridul Kumar
 
Respondent :- District Magistrate, Jaunpur And 4 Others
 
Counsel for Appellant :- H.M. Srivastava
 
Counsel for Respondent :- C.S.C.,Raees Ahmad
 

 
Hon'ble Amreshwar Pratap Sahi,J.

Hon'ble Saral Srivastava,J.

Heard Sri H.M. Srivastava, learned counsel for the appellant.

The appellant has assailed the judgment of the learned Single Judge dated 17.09.2013 contending that the learned Single Judge has proceeded to dismiss the writ petition against the weight of evidence on record and without taking into consideration the status of the employment of the appellant on the post of Vaccinator in the Nagar Palika Parishad, Jaunpur.

The writ petition that was filed appears to have been supplemented by an affidavit bringing on record an order of the District Magistrate, dated 09.09.1996, whereby a direction was issued to the Nagar Palika Parishad to terminate the employment of such persons who were continued on daily wage basis. The appellant came up with the case that he had been appointed on 30th March, 1996 and that his services could not be terminated as he had been appointed in a substantive capacity. It was also challenged that the District Magistrate had no authority to interfere in the matter of such employment as such the order dated 09.09.1996 was without jurisdiction.

A learned Single Judge of this Court on 17th September 1996, passed an interim order staying the operation of the order dated 09.09.1996.

When the writ petition came up for final hearing the learned Single Judge treated the said order of the District Magistrate dated 09.09.1996, as a show cause notice and held that since the services of the appellant had not been terminated by any authority whatsoever nor any order was on record then a presumption of cancellation of the appointment cannot be raised and the writ petition was dismissed.

Aggrieved the present appeal has been filed contending that in a similar matter in the case of Gulzar Ali, a learned Single Judge of this Court has allowed the writ petition on 21.10.2013. The said judgment of the learned Single Judge is obviously after the impugned judgment in the present appeal.

On an examination of the facts what requires to be considered in the status of the employment of the appellant and his continuance, as well as his further claim of having been regularized on the post by the order dated 17th January 2004. Sri H.M. Srivastava prays that the matter be taken on Tuesday next to enable him to assist the Court.

Put up on Tuesday next i.e. 31.10.2017. Learned counsel for the appellant may inform the learned counsel for the Nagar Palika Parishad in writing about the same.

Order Date :- 26.10.2017

Ishan