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2011 Supreme(SC) 884

MUKUNDAKAM SHARMA, ANIL R.DAVE
Mukhiya Karyapalak Adhikari, U. P. Khadi Tatha Gramodyog Board Karmit Anubhag, Lucknow – Appellant
Versus
Santosh Kumar – Respondent


ORDER

1. Leave granted.

2. We have heard the learned counsel appearing for the parties on this appeal who have taken us through the records. The respondent was engaged on contract basis as a Peon on a lumpsum salary of Rs. 2,500/- on 1.4.2003. Subsequently, an order came to be passed against the respondent on 26.6.2004. By the aforesaid order, the contract service of the respondent was terminated w.e.f. 5.7.2004.

3. The respondent being aggrieved by the aforesaid order of termination filed a writ petition in the Allahabad High Court which was registered as 28789 of 2004. In the said writ petition filed by the respondent, a prayer was made for quashing the order dated 26.6.2004 terminating the service of the respondent. The learned Single Judge who heard the writ petition passed an order on 28.7.2004 dismissing the said writ petition holding that the engagement of the respondent on contract basis did not vest on him any legal right to regular appointment.

4. The High Court passed an order in the said appeal which was filed in 2004 which was registered as Special Appeal No. 1066 of 2004. The appeal was listed before the Division Bench nearly six years of passing of the order of the l




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