Court No. - 28
Case :- WRIT - A No. - 3048 of 2019 Petitioner :- Dinesh Kumar Respondent :- Managing Director/President, Up Rajya Utpadan Nigam Lucknow And 3 Others Counsel for Petitioner :- Anand Tiwari Counsel for Respondent :- Abhishek Srivastava
Hon'ble Rohit Ranjan Agarwal,J.
Heard Shri Anand Tiwari, counsel for the petitioner and Shri Abhijeet Singh for respondents.
Contention of petitioner is that he was appointed as a daily-wager in the respondent-Corporation.
By letter dated 17th July, 1989, his services along with five other employees was extended from 01.09.1989 to 31.10.1989.
According to the petitioner, he along with other daily- wagers filed writ petition No.16275 of 1989 before this Court.
By order dated 04.10.1989, it was directed that interview scheduled to be held on 8th October, 1989 shall be held. Further it was provided that the decision of interview shall be subject to further orders of this Court.
According to petitioner, by order dated 2nd May, 1990, he was given new appointment in the Corporation on temporary post.
Petitioner is claiming the benefit of continuity of service from 01.01.1989 on the ground that his services continued pursuant to the orders of this Court. He has further placed reliance upon the representation made by him to the respondent No.2, which has not been decided till date.
Per contra, Shri Abhijeet Singh, counsel for the respondent-Corporation submits that the services of petitioner as daily-wager came to end on 31.10.1989 and had not directed the petitioner to continue after the aforesaid period.
He further contends that the appointment of the petitioner pursuant to order dated 2nd May, 1990 was a fresh appointment and he is not entitled for the relief of so claimed. However, he submits that if the court direct then representation shall be considered by the respondent No.2.
In view of the above, it is directed that the respondent No.2 shall consider the representation so made by the petitioner dated 22.10.2018 within a period of four months from the date of production of certified copy of this order by reasoned and speaking order.
The petition stands disposed of. Order Date :- 26.2.2019 A.N. Mishra