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1994 Supreme(All) 926

MARKANDEY KATJU
JAGJEET SINGH – Appellant
Versus
STATE OF U P – Respondent


Advocates Appeared:
Mridul Tripathi,

M. KATJU, J.

This writ petition has been filed for a mandamns directing the respondents to let the petitioner resume his duty and pay to him salary regularly. On 25-11-1994 I granted the learned standing counsel two weeks to file counter affidavit, but since then three weeks have expired and yet no counter affidavit, has been filed. In the circumstances I am presuming the allegations in the petition to be correct and I am disposing of the petition finally.

2. The petitioner was appointed as Class IV daily wages employee in October, 1983 in the Department of Education by the Secretary of Madhyamik Shiksha Parishad, U. P. Allahabad, He claimed regularisation and filed a petition before the U. P. Public Services Tribunal which was decided in his favour. However, despite the order of the Public Services Tribunal he was not treated as a regular employee. Aggrieved he filed a writ petition in this court which is referred to in Paragraph 3 of this petition. In this petition an interim order was passed on 11-1-1991 by this Court that as long as the petitioner is retained in service he shall be paid the same salary which is payable to the regular employees and he shall also be paid his arre





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