Khem Ram vs State of Uttarakhand and Others

V.K. Bist, J.—Heard learned Counsel for the parties.

Present petition has been filed by the Petitioner for the following reliefs:

i) Issue a writ, order or direction in the nature of mandamus commanding/directing the Respondents to comply implement the order dated 31.07.1998 passed by the Hon�ble High Court (contained as Annexure No. 1 to this writ petition) and further be pleased to direct the Respondents to permit the Petitioner to continue on the post of Seasonal Collection Peon and pay regular salary to the Petitioner.

ii) Issue a writ, order or direction in the nature of mandamus commanding/directing the Respondents to pay the arrears of salary from the date of ousting the Petitioner till the date of joining.

iii) Issue any other relief, which this Hon�ble Court may deem fit and proper in the circumstances of the case be passed in favour of the Petitioner.

iv) Cost of the petition be awarded in favour of the Petitioner.

Learned Counsel for the Petitioner contends that the Petitioner filed a Civil Misc. Writ Petition No. 6480 of 1998 "Khem Ram v. District Magistrate and Ors.", which was disposed of by Allahabad High Court vide judgment and order dated 31.07.1998. The aforesaid writ petition was disposed of in terms of the order passed in Writ Petition No. 9557 of 1997 "Umrao Singh and Ors. v. State of U.P. and Ors." which was decided on 16.07.1997. Special Appeal No. 541 of 1997 filed by the State Government was dismissed in default by order dated 16.08.2002. However, other appeals were also filed and the stay was granted by the Allahabad High Court on 09.08.1999. Puran Singh and others also filed a Writ Petition No. 404 of 1993 "Puran Singh and Ors. v. State of U.P. and Ors." which was decided on 08.01.1998 in the light of the order dated 16.07.1997 passed in writ petition No. 9557 of 1997. The State of U.P. also filed Special Appeal against the order dated 08.01.1998 which was transferred to this Court and renumbered as Special Appeal No. 118 of 2008 "State of U.P. v. Puran Singh and Ors." The Division Bench of this Court dismissed the Special Appeal No. 118 of 2008 by its judgment and order dated 18.12.2009 and directed the State Government to implement the decision rendered by learned Single Judge within three months from the date of receipt of a certified copy of the order.

The Petitioner after the dismissal of the appeals, moved a representation before the Respondent No. 2, Annexure No. 5 to the writ petition, with the prayer that the benefits be given to him as per the judgment rendered by Allahabad High Court, in Writ petition No. 9557 of 1997, as well as the judgment passed in appeal.

Learned Counsel for the Petitioner prayed that the writ petition be disposed of with a direction to the Respondents to decide the representation of the Petitioner in the light of observations made in the judgment of Umrao Singh�s case. Learned Addl. Chief Standing Counsel for the State also agreed for the same.

In view of the aforesaid facts and circumstances of the case, the Respondent No. 2 is directed to decide the representation of the Petitioner in the light of observations made in the judgments referred above, by a speaking and reasoned order thereon, within a period of four weeks, from the date of production of certified copy of the order.

With the aforesaid direction, the writ petition is disposed of finally.

Interim relief application No. 8630 of 2010 also stands disposed of.