Visheshvar Yadav vs Uttar Pradesh Kisan Sahkari Chini ...
2023 Latest Caselaw 6578 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - A No. - 3960 of 2023
 

 
Petitioner :- Visheshvar Yadav
 
Respondent :- Uttar Pradesh Kisan Sahkari Chini Mill Through Its Md And 2 Others
 
Counsel for Petitioner :- Bhanu Pratap Singh,Surendra Sharma
 
Counsel for Respondent :- C.S.C.,Ramakant Singh
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the petitioner and Sri Ramakant Singh, learned counsel for respondent no. 1 and 2.

Present petition has been filed seeking following relief:-

"i). Issue a writ, order or direction in the nature of mandamus commanding and directing to respondents to regularize the services of the petitioner (considering 38 years regular and continuous length of service) in the light of the order dated 13.12.2001, passed in (1) Civil Misc. Writ Petition No. 35188 of 1992, order dated 10.01.2002, passed in (2) Civil Misc. Writ Petition No. 1608 of 1992 and order dated 24.01.2003, passed in (3) Civil Misc. Writ Petition No. 2148 of 1992 which was affirmed by the Special Appeal Court in Bunch of Special Appeals bearing leading Special Appeal No.121 of 2002 vide order dated 10.03.2014 and which was affirmed by the Hon'ble Supreme Court in Special Leave Petition (c) No. S 24767-24774 of 2014 and recent judgment passed by this Hon'ble Court dated 15.12.2022 in Civil Misc. Writ Petition No. 17541 of 2022 quashing the impugned order dated 30.12.2021 has passed by respondent No. 3."

Learned counsel for the petitioner submitted that present controversy is squarely covered with the judgment and order dated 15.12.2022 passed by this Court in 17541 of 2002, therefore, this petition may also be disposed of on same terms with direction to respondent No. 2 to regularize the service of petitioner .

Learned counsel for respondents submitted that petitioner may be directed to file fresh representation before respondent No. 2 along with judgments. He further submitted that in case any such representation is filed, the same shall be considered and decided at the earliest.

In view of the facts and circumstances of the case, the writ petition is disposed of with liberty to petitioner to move fresh representation along with certified copy of this order as well as copy of order dated 15.12.2022 passed in 17541 of 2002 before respondent No. 1 within two weeks from today. In case any such representation is filed, respondent No. 1 is directed to decide the same in accordance with law as well as law laid down by this Court in in 17541 of 2002, maximum within a period of two months thereafter. In case, respondent No. 1 is of the opinion that present controversy is not covered with in 17541 of 2002, he shall pass reasoned order within the same time.

It is made clear that this Court has not adjudicated the case on merits. It is upon respondent No. 2 to pass order after considering the relevant Rules as well as facts of the case.

Order Date :- 1.3.2023

Vikram