Dismissed

Vishwanath Prasad and 2 Others v. State of U.P. and 3 Others

Allahabad HC19 Apr 2018SPLAD/216/2018

Case brief

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What is this about?

The Special Appeal against the dismissal of a petition seeking regularization and salary payment for seasonal workers was dismissed. The Court held that without a specific rule governing such regularization, the matter could not be decided contrary to the Supreme Court's ruling in Uma Devi.

What did the court decide?

Special Appeal dismissed; no interference with impugned judgment.

Vishwanath Prasad and 2 Others Vs State of U.P. and… — Service and Employment | Allahabad HC (2018)

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Court No. - 39

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Case :- SPECIAL APPEAL DEFECTIVE No. - 216 of 2018 Appellant :- Vishwanath Prasad And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Bijendra Kumar Mishra Counsel for Respondent :- C.S.C.

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Hon'ble Dilip Gupta,J. Hon'ble Neeraj Tiwari,J.

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Ref: Civil Misc. Delay Condonation Application No. Nil of 2018.

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As the delay condonation application is not being opposed by the State, we deem it appropriate to condone the delay.

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In view of the averments made in the affidavit filed in support of the application under Section 5 of the Limitation Act, we are satisfied that the applicantsrespondents were prevented by sufficient cause from preferring the Special Appeal within the period of limitation.

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The application is, accordingly, allowed and the delay in filing the Appeal is condoned.

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Office is directed to allot regular number.

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Order Date :- 19.4.2018 Arvind

(Dilip Gupta, J.)

(Neeraj Tiwari, J.)

Court No. - 39

Hon'ble Dilip Gupta,J. Hon'ble Neeraj Tiwari,J.

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The writ petition was filed by the petitioners for a direction upon the respondents to pay salary to the petitioners in the revised pay scale till regularization in the department and to also direct the respondents to consider the case of the petitioners for regularization in terms of the directions contained in the judgement and order dated 23 March 2002 passed by a learned Single Judge of this Court in Writ Petition No. 7913 of 1990. The Writ Petition was dismissed and the Special Appeal has been filed to assail the said judgement.

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The learned Judge observed that in the absence of any Rule providing for regularization of seasonal workers, the prayer made in the writ petition for considering the case of the petitioners for regularization could not be considered in view of the decision of the Supreme Court in Secretary, State of Karnataka Vs. Uma Devi: 2006 (4) SCC 1.

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Learned counsel for the appellants has placed reliance upon the decision of a learned Judge of this Court in Writ Petition No. 7913 of 1990 (Vikram Bahadur Singh and others Vs. State of U.P. and others).

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This judgement in which direction has been issued to the respondents to consider the absorption of the petitioners even though they were working as seasonal employees would no longer be good law in view of the decision of the Supreme Court in Uma Devi as all decisions taking a contrary view were overruled.

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Learned counsel for the appellants has not placed before the Court any Rule for regularization of the services.

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The impugned judgement, therefore, does not call for any interference.

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The Special Appeal is, accordingly, dismissed. Order Date :- 19.4.2018 Arvind

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(Neeraj Tiwari, J.) (Dilip Gupta, J.)

Vishwanath Prasad and 2 Others v. State of U.P. and 3 Others

Case brief

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Vishwanath Prasad and 2 Others v. State of U.P. and 3 Others

Case brief

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