Advocates:
['SUNIL KUMAR SRIVASTAVA', '', 'SHRI ASHOK KHARE', 'C S C']

Court No. - 21

Case :- SPECIAL APPEAL No. - 760 of 2018

Appellant :- Sanjeev Kumar And 2 Others

Respondent :- State Of U.P. And 4 Others

Counsel for Appellant :- Sunil Kumar Srivastava,Shri Ashok

Khare

Counsel for Respondent :- C.S.C.

Hon'ble Govind Mathur,J.

Hon'ble Chandra Dhari Singh,J.

Heard learned counsel for the appellants and learned counsel

for the respondents.

The present special appeal has been filed against the judgment

and order dated 13th July, 2018 passed by the learned Single

Judge, by means of which, the claim of the appellants for

regularization has been rejected by the learned Single Judge.

A Division Bench of this Court in Special Appeal No.110 of

2013 while considering the issue in question came to the

conclusion that various writ petitions have been decided by

various learned Single Judges and they have already followed

the judgment rendered in (i) Union of India vs. Dinesh Kumar

Saxena and others, 1995 (2) ALJ 1346 and (ii) Government of

Tamil Nadu and others vs. G. Mohamed Ameenudeen, J.T.

1999 (9) SC 173. The aforesaid special appeal was decided on

26.2.2013. While deciding the issue in question, the Division

Bench observed as under:

"Thus on a careful consideration of rival submissions, we are of the view

that learned Single Judge directed the appellants to offer employment in

terms of his earlier judgment in Asha Ram's case. However, since the

scheme has been framed towards the compliance of Supreme Court's

judgment in G. Mohd. Ameenudeen's case, though, thereafter a subsequent

Government Order dated 3.10.2007 as aforesaid, was issued, it would

have been appropriate for learned Single Judge to issue direction for

consideration of the case of respondents- writ petitioners instead of

issuing direction to offer employment.

To clarify the position further, though, a Government Order was issued

subsequent to the notification of scheme whereby the earlier Government

Order accompanying the scheme was modified to some extent but that

subsequent Government Order was again made subject to the outcome of

pending writ petitions in this Court. Even though, in some of the

judgments, the scheme was not taken notice yet in the majority of

judgments rendered by learned Single Judges, the directions as contained

in the judgment of Hon'ble the Apex Court rendered in the cases of (i)

Union of India vs Dinesh Kumar Saxena and others, reported in 1995 (2)

ALJ 1346 and (ii) Government of Tamil Nadu and others vs G. Mohamed

Ameenudeen, reported in J.T. 1999(9) SC 173 have been followed.

In that view of the matter when the majority of learned Single Judges have

passed the judgments/orders in line with the Supreme Court's judgments,

as above, the retrenched census employees can be absorbed only under

the scheme framed by the State Government. Hence, the impugned

judgment is modified to read that the State Government shall consider the

cases of private respondents (writ petitioners) herein on merit and in the

light of the scheme as well as Government orders issued towards the

compliance of the judgments of Hon'ble the Apex Court as well as the

judgments passed by learned Single Judges in line therewith.

This Special Appeal, thus, stands allowed to that extent."

Since the Division Bench has allowed the claim of the similarly

situated persons finding that their claims were based on the

basis of the Judgment rendered by various learned Single

Judges relying upon the judgment of the Supreme Court, we are

of the view that the order passed by the learned Single Judge in

the present special appeal also deserves to be set aside.

Accordingly, the special appeal is allowed and the order dated

13th July, 2018 passed by the learned Single Judge is set aside.

The respondents are directed to consider the case of the

appellants in the light of the judgment and order dated

26.02.2013 passed in Special Appeal No.110 of 2013.

Order Date :- 23.8.2018

Bhaskar

(