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2006 Supreme(All) 3212

TARUN AGARWALA
RAM KISHORE – Appellant
Versus
DISTRICT MAGISTRATE, FATEHPUR – Respondent


Advocates appeared:
S.F.A. Naqvi and A.K. Sand for the Petitioners; I.S. Singh (Standing Counsel), P.K. Singh, Akhilesh Mishra and Sanjay Mishra for the Respondents.

JUDGMENT

Hon’ble Tarun Agarwala, J.—Ram Kishore and fourteen others have filed a writ petition for the quashing of the order dated 7.3.2000 passed by the District Magistrate, Fatehpur, cancelling their appointments as Safai Karmcharis in Nagar Palika Parishad, Fatehpur.

2. The facts leading to the filing of the petition is, that the petitioners alleged that they were appointed as daily wagers in the year 1994 to perform the ‘safai work’ in the territory of Nagar Palika Parishad, Fatehpur and that, since then, they had been working as daily wagers. It was contended that the State Government issued a Government Order dated 26.6.1992 directing the Nagar Palika Parishad, Fatehpur to regularise the services of the Safai Karmcharis, who were working as daily wagers continuously for three years and who had worked for 240 days in a calendar year. It was alleged that there existed thirteen substantive vacancies on the post of Safai Karamchari and, accordingly, the Executive Officer, respondent No. 2 wrote a letter dated 5.4.99 to the Employment Exchange to provide a list of eligible candidates for filling up 13 posts of Safai Karmchari. It was also alleged that 11.4.1999 was fixed for the int






























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