Vijay Kumar and Others vs State of Uttarakhand and Others

B.S. Verma, J.—Heard Mr. Tapan Singh, holding brief of Mr. Lok Pal Singh, learned Counsel for the petitioners and Mr. K.C. Tewari, learned Brief Holder for the respondents.

By means of this petition the petitioners have prayed for the following relief-

To issue a writ, order or direction in the nature of mandamus commanding/directing the respondents to comply/implement the order dated 22-9-1998 passed by the Hon''ble High Court (contained as Annexure No. 2 to this writ petition), and further be pleased to direct the respondents to permit the petitioners to continue on the post of Seasonal Collection Amins and Peon respectively and pay regular salary to the petitioners.

To 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 petitioners till the date of joining.

To 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 petitioners.

Learned Counsel for the petitioners has contended that the petitioners filed Civil Misc. Writ Petition No. 40108/1997 Vijay Kumar and Ors. v. State of U.P. and Ors., which was disposed by Allahabad High Court vide judgment and order dated 22-9-1998. 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. decided on 16.7.1997. Special Appeal No. 541 of 1997 filed by State Government was dismissed in default by order dated 16-8-2002. However, other appeals were also filed and the stay was granted by the Allahabad High Court on 9-8-1999. Puran Singh and others also filed a writ petition No. 404 of 1993 which was decided on 8.1.1998 in the light of the order dated 16.7.1997 passed in W.P. No. 9557 of 1997. The State of U.P. also filed Special Appeal against the order dated 8.1.1998 which was transferred to this Court and renumbered as Special Appeal No. 118 of 2008. The Division Bench of this Court dismissed the Special Appeal No. 118/2008 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.

The petitioners 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 benefits be given to them as per the judgment dated 22-9-1998.

In the aforesaid facts and circumstances of the case, the respondent No. 2 is directed to decide the representation of the petitioners 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 this order.

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