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2008 Supreme(All) 1558

DEVI PRASAD SINGH
ISHWAR DEEN – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
Mohd. Ali for the Petitioners; Chief Standing Counsel for the Respondents.

JUDGMENT

Hon’ble Devi Prasad Singh, J.—In these writ petitions, affidavits have been exchanged between the parties.

2. Heard learned counsel for the parties.

3. In these two writ petitions, since common questions of law and facts are involved, they are being decided with a common judgment at admission stag with the consent of the learned counsel for the parties.

4. The brief facts of the case are summarized as under :

The petitioners, Sri Ishwar Deen and Sri Heera Lal, of Writ Petition No. 6067 (SS) of 2007 were appointed as Daily Wager on the post of Cattle Guard in group `D’ category on 7.8.1980 and 1.8.1980 respectively. Whereas the petitioners, Ram Swaroop, Dal Bahadur and Ram Badal, of Writ Petition No. 6076 (SS) of 2007 were appointed between 1986 to 1990.

5. It has been submitted by the learned counsel for the petitioners that the petitioners have got unblemished service record. In Writ Petition No. 6067 (SS) of 2007 in paragraph 20, it has been specifically pleaded that persons junior to the petitioners have been considered for regularisation and some of them are Sri Neeraj Kumar Srivastava, Sri Jamuna Prasad and Sri Mahavir. The averments contained in paragraph 20 of the Writ Pe











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