Connect it with Writ Petition No. 49300 of 2011.
The petitioners were Seasonal Collection Peons. Their services have been regularized by the order dated 02.05.2009. It appears that services of Hari Yadav and Shiv Nath Ram were not regularized on the ground that they did not cooperate with the recovery of 70% and not more in the relevant period. Their regularizations have been denied by the same order dated 02.05.2009. Both Hari Yadav and Shiv Nath Ram filed Writ Petition No.55978 of 2009 before this Court challenging the order dated 02.05.2009 by which their services have not been regularized. This Court vide order dated 29.04.2011 has allowed the aforesaid writ petition and set aside the impugned order dated 02.05.2009 and directed the competent authority to reconsider the matter of the petitioners in the said writ petition in the light of the observations made therein in accordance with law. The District Magistrate, Ballia by the impugned order dated 04.08.2011 has set aside the regularization of the petitioners and has directed the Sub Divisional Magistrate to prepare the seniority list so that the Selection Committee may be constituted in pursuance of the order of this Court.
Sri Sanjay Kumar Srivastava, learned counsel for the petitioners produced the copy of Writ Petitioner No.55978 of 2009. He submitted that in aforesaid writ petition, the petitioners were not the party and the petitioners' regularization was not subject matter of dispute and, therefore, the cancellation of the regularization of the petitioners is not justified. He further submitted that this Court vide order dated 29.04.2011 has set aside the order dated 02.05.2009 only in respect of the two petitioners of that writ petition and not relating to other persons, whose services have been regularized.
I have perused the copy of the aforesaid writ petition. There appears to be substance in the argument of learned counsel for the petitioners, which requires consideration.
Learned Standing Counsel prays for and is granted four weeks time to file counter affidavit. Rejoinder affidavit may be filed within two weeks thereafter.
List in the week commencing 10.10.2011.
Till the next date of listing, the operation of the order dated 04.08.2011 passed by the District Magistrate, Ballia so far the cancellation of the regularization of the petitioners is concerned, is stayed and the consequential order dated 11.08.2011 passed by Sub Divisional Magistrate, Rasra, Ballia shall also remain stayed.
Order Date :- 7.9.2011 OP