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2008 Supreme(All) 316

SUDHIR AGARWAL
MITHLESH KUMAR – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
Ashok Khare, Amit Srivastava and Sudhir Kumar Chandraul for the Petitioners; A. Chaturvedi, R.S. Umrao, C.P. Mishra, S.C. for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—Aggrieved by the orders dated 29.12.2005 (Annexures 13-A and 13-C to the writ petition), whereby the respondents No. 10 and 11 have been appointed as Collection Amin on regular basis, the petitioners have filed the present writ petition assailing the said orders and have sought a writ of certiorari for quashing the same. The petitioners have also sought a writ, order or direction in the nature of mandamus restraining respondents from taking any action in favour of respondents No. 10 and 11 on the basis of the orders dated 29.12.2005 and further to grant regular appointment to the petitioners as Collection Amin and to pay them regular monthly salary as payable to the regularly appointed Collection Amins.

2. The facts in brief, giving rise to the present writ petition, are, that both the petitioners, Mithlesh Kumar and Muztuba Hussain were engaged as Seasonal Collection Amin on 1.7.1991 and have been continuously engaged from time to time as Seasonal Collection Amin since thereafter. From 5.3.2002 till 30.7.2005 the petitioners were not engaged as Seasonal Collection Amin and were not assigned any duty at all. But thereafter they were engaged on 10.8





















































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