J. J. MUNIR
Ram Kumar Sharma – Appellant
Versus
Uttar Pradesh Power Corporation Ltd. Lucknow – Respondent
JUDGMENT :
Hon'ble J.J. Munir, J.-Heard Mr. Amit Kumar Mishra, learned Counsel for the petitioner and Ms. Usha Kiran, learned Counsel appearing on behalf of the respondents.
2. This writ petition is directed against an order passed by the Executive Engineer, Electricity Urban Distribution Division-II, Muzaffar Nagar dated the 24th of October, 2019, rejecting the petitioner's claim for arrears of salary upon proper determination and directing recovery of emoluments paid in excess to him.
3. This case has a long and chequered history as much litigation has preceded the present cause, all of which have led to the order impugned. It must be remarked at the outset that pleadings in the writ petition about the petitioner's case are far from complete and wholesome. These present a disjunct picture, a version so flickering and fleeting that unless one looks to the counter-affidavit and takes aid of the oral submissions advanced, the petitioner's case would just be an unintelligible jumble of facts.
4. The petitioner was engaged as a muster roll employee on 19.12.1997 by the ex-Uttar Pradesh State Electricity Board (for short, 'the Board'), the predecessor of the Uttar Pradesh Power Corporation
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An employee's continuous service is recognized once a termination is set aside, impacting their eligibility for regularization despite initial appointment irregularities.
The significance of documentary evidence, finality of court orders, and the impact of delay and laches on the dismissal of a petition.
Claims for classification and regularization of employees must be supported by proof of duties performed; lack of evidence can lead to dismissal of such claims.
The court affirmed that casual workers are entitled to the minimum of the pay scale for their roles based on the principle of 'equal pay for equal work', as established in relevant Supreme Court ruli....
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