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2017 Supreme(SC) 1294

ARUN MISHRA, L.NAGESWARA RAO
Sheo Narain Nagar – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Pradeep Kant, Mr. Divyanshu Sahay, Mr. Rohit Kumar Singh, Mr. Sanjay Goel
For the Respondents: Mr. Aarohi Bhalla, Ms. Sakshi Kakkar, Mr. Ardhendumauli Prasad, Mr. Lav Kumar Agrawal, Mr. Kundan Kumar Lal

ORDER :

1. Leave granted.

2. Heard learned counsel for the parties.

3. The appellants were initially engaged on daily-wage basis in the month of August, 1993. Later on, they were appointed on contractual basis in the year 1996. In the year 2000, Respondent No.3 issued an order appointing them as regular employees on the minimum pay scale. By way of an order dated 25.7.2006, they were conferred the status of temporary employees with retrospective effect from 1.10.2002. There was a direction issued by the High Court to consider them for regularization, but their services were not regularized. Learned Single Judge ultimately dismissed the writ petition seeking regularisation. That order was affirmed by the Division Bench of the High Court.

4. In the year 2014, the services of the appellants were terminated. In view of the findings recorded by the High Court vide order dated 27.10.2014, while dealing with the case of the appellants for regularization, that their appointments were illegal and not irregular one. This Court, while entertaining the special leave petition, on 23.3.2015 passed the following order:

“Issue notice.

It appears prima facie, that the petitioners had approached the High










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