Court No. - 6 Case :- SERVICE SINGLE No. - 5324 of 2010 Petitioner :- Ravindra Singh Respondent :- State Of U.P. Through Principal Secy.Forest Dept.Lucknow Petitioner Counsel :- Avadhesh Shukla Respondent Counsel :- C.S.C. Hon'ble Shabihul Hasnain,J.
Heard Sri Avadhesh Shukla, learned counsel for the petitioner and
learned Standing counsel for the opposite parties.
Sri Avadhesh Shukla has filed supplementary affidavit annexing
documents that the petitioner has been working as daily wager since
October, 1986 uninterruptedly. In the month of April he was disengaged
form service. Petitioner has in all put in more than 23 years of service.
Petitioner services should have been regularized. At this juncture,
counsel for the petitioner informed the Court that he has already filed a
writ petition No.4257 (S/S) of 2003 which was filed with a prayer to
regularize the services of the petitioner and for payment of minimum of
wages till regularization is made. The Court vide its order dated
2.8.2006 and 8.12.2003 had directed for payment of minimum of
wages. Learned counsel for the petitioner has further informed that the
orders have not been complied with till date.
Learned Standing counsel has objected that since a writ petition is
already pending in this regard the instant writ petition is not
maintainable.
Learned counsel for the petitioner says that this petition may be treated
as an application to the earlier petition. Petitioner is a poor person and
he will not be able to file fresh petition any more. Looking to the
interest of justice since the service of a poor person have been
terminated after 23 years, this exceptional prayer is liable to be accepted
by the Court.
Let this petition be connected with writ petition No.4257 (S/S) of 2003
as an application. The fact reveals that the petitioner has worked for
more than 23 years. Despite the orders of the Court he has not been
given minimum of wages and now his services have been dispensed
with.
Learned counsel for the petitioner prays for and is granted four weeks
for filing counter affidavit. Rejoinder affidavit, if any, may be filed
within a week thereafter.
Meanwhile, the oral termination of the petitioner, if any, shall remain
stayed. The opposite parties are directed to engage the petitioner as he
was already working and pay him minimum of wages as directed
before.
Order Date :- 2.8.2010
RKM.