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1988 DIGILAW 1019 (ALL)

Ram Niwas Tewari v. Town Area Committee, Khargoopur, Dist. Gonda

1988-11-02

S.K.MOOKERJI, V.K.KHANNA

body1988
JUDGMENT V.K. Khanna, J. - Petitioners were appointed on the post of Moharrir at the Traffic Tahbazari Barrier by the Town Area Committee, Khargoopur district Gonda on daily wage basis. The order of appointment in respect of the petitioner is contained in Annexures "1" and "2" to the writ petition. Petitioners have raised a grievance in this writ petition that without passing any order the petitioners are not being permitted to serve and no wages are paid to them. It has also been alleged that persons junior to the petitioners have been retained in service and thus there is violation of Articles 14 and 16 of the Constitution of India. 2. It may be noticed that at the admission stage the opposite parties have been served and the parties have exchanged counter and rejoinder affidavits. The present writ petition is thus being disposed of finally in accordance with the rules of the Court. 3. The appointment letters in respect of the petitioners which are contained in Annexures "1" and "2" to the writ petition, clearly indicate that the petitioners have been appointed for the purposes of realising Traffic Tahbazari. According to the averments made in the counter affidavit filed on behalf of the Town Area Committee it has been alleged that in accordance with the directions given by the State Government the Town Area Committee can not now realise the Traffic Tahbazari and the petitioners having been engaged on a daily basis their services are no longer required by the Town Area. 4. In so far as the averments made by the petitioners that persons junior to them have been retained, the Town Area has come with the case that the persons who have been mentioned as junior to the petitioners belong to the scavenging Department and not to the Traffic Tahbazari Department. 5. On the basis of the averments made in the writ petition and in the counter affidavit and on the evidence which has been placed before us, we cannot record a finding on the question that persons junior to the petitioners have been retained in the Traffic Tahbazari Department and that the averments made by the Town Area that the State Government has restrained from realising Traffic Tahbazari is wrong. We are, however, expressing no opinion on merits as, in our opinion, the petitioners have got an alternative statutory remedy of filing a claim petition before the U.P. Public Services Tribunal constituted under the U.P. Public Services Tribunals Act where they can get their grievances redressed, 6. Before parting, however, it may be observed that the petitioners may file a representation before the District Magistrate, Gonda along with a certified copy of our order and a copy of the writ petition stating all their grievances. In case such a representation is made before the District Magistrate, Gonda he will consider the same sympathetically and will dispose of the same after looking into the grievances raised by the petitioners by a speaking order, a copy of which will be supplied to the petitioners, if possible within a period of two months from the date of presentation of the certified copy of our order. 7. Subject to the aforesaid observations the present writ petition is finally disposed of. A certified copy of this order may be given to the learned counsel for the parties on payment of usual charges within 24 hours.