Court No. - 18 Case :- WRIT - A No. - 47138 of 2010 Petitioner :- Sunil Kumar Respondent :- State Of U.P. And Others Petitioner Counsel :- Anil Kumar Ojha Respondent Counsel :- C. S. C.,M. K. Kushwaha Hon'ble V.K. Shukla,J.
Present writ petition has been filed by petitioner for allowing the
petitioner to continue in services and paid current salary. Petitioner
has stated that he was appointed as Baledar in the year 1976 and
further claims that subsequently he was accepted as daily wage
employee pursuant to letter of the Headquarter dated 28.04.1987.
Petitioner submits that he was transferred to Aligarh till 1989 he
was posted at Aligarh. Petitioner submits that thereafter he was
transferred to Mahendra Nagar Nepal and then in the year 1991
petitioner claims to have been transferred to Ghaziabad. Petitioner
has stated that he was involved in criminal case being Case Crime
No. 431 of 1993 under Section 379 and 411 IPC and he was
confined in jail. Petitioner further submits that he returned back to
resume his duty but he was told that he is involved in criminal case
as such he cannot be permitted to resume his duty. Petitioner has
stated that order of acquittal was passed on 28.08.2008 and
thereafter he represented the authority concerned for his
reinstatement and as nothing was done, as such present writ
petition in question has been filed.
Relief claimed by the petitioner cannot be accorded for the
simple reason that appointment of the petitioner was purely
temporary in nature and after he has been sent to jail, at no point of
time petitioner had performed and discharged any duty. Petitioner
has tried to contend that authority did not permit him to resume his
duty and is also placing reliance on the letter dated 07.09.1999 and
has tried to contend that after order of acquittal has been passed he
is entitled to reinstate back in service. In such a situation relief
claimed by petitioner cannot be accorded by any means seeing the
nature of his appointment and the long gap in service.
Consequently, present writ petition is dismissed.
Order Date :- 10.8.2010
Dhruv