Allahabad High Court
Brij Kishore vs State Of U.P. And 4 Others on 13 January, 2020
Author: Rohit Ranjan Agarwal
Bench: Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 18 Case :- WRIT - A No. - 63577 of 2015 Petitioner :- Brij Kishore Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Awadhesh Kumar Sharma,Indresh Chandra,Rakesh Pathak,Vivek Shukla Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Vivek Shukla, learned counsel for petitioner and learned Standing Counsel for respondent State functionaries.
It is contended that petitioner was initially engaged on 05.01.1987 as peon at Lekhpal Training School, Charkhari, District- Hamirpur (now in District- Mahoba). The services of petitioner were regularised on 25.09.2012 by orders of Sub-divisional Magistrate.
It is contended that petitioner is entitled to continuity of service from the date of his initially appointment i.e. 05.01.1987 as held by Apex Court in case of Prem Singh vs. State of Uttar Pradesh and others passed in Civil Appeal No. 6798 of 2019, decided on 02.09.2019 and Habib Khan vs. State of Uttarakhand and others, passed in Civil Appeal No. 10806 of 2017, decided on 23.08.2017.
On the other hand, learned Standing Counsel submitted that reference made to Large Bench in Writ-A No. 60352 of 2015, Babu @ Ram Babu vs. State of U.P. which was decided on 18.02.2016, wherein the Larger Bench has taken view that the earlier services cannot be counted.
I have heard learned counsel for the parties.
The Apex Court in the year 2019, in case of Prem Singh (supra) has taken the view that earlier services rendered in work charge establishment has to be counted towards the counting of service of employee.
The sole prayer of the petitioner is for a direction upon respondent authorities to count the previous services from the initial date of appointment i.e. 05.01.1987 till regularisation on 22.09.2015.
In view of the above, in case petitioner make a comprehensive representation within 15 days from today along with certified copy of this order before Additional District Magistrate, Charkhari, District-Mahoba, he shall decide the same by reasoned and speaking order within next three months.
With the above observation, the writ petition stands disposed of.
Order Date :- 13.1.2020 V.S.Singh