Neutral Citation No. - 2025:AHC-LKO:11999 Court No. - 6 Case :- WRIT - A No. - 2227 of 2025 Petitioner :- Arun Kumar Respondent :- State Of U.P. Thru. The Secy. For Labour Deptt. And 4 Others Counsel for Petitioner :- Vinod Kumar Singh,Achhey Lal Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. Heard Sri Vinod Kumar Singh, learned counsel for the petitioner and learned Standing counsel for the State- respondents. This writ petition has been filed with a prayer to issue a writ, order or direction in the nature of certiorari for quashing the orders dated 6.2.2025 and 14.2.2025 passed by opposite party nos. 2 and 5. It is submitted by learned counsel for the petitioner that the petitioner was working on the class IV post of Sweeper in the office of Medical Superintendent, Karamchari Rajya Bima Yojna Hospital, Sarojini Nagar, Lucknow since 22.1.2004 having been appointed on compassionate ground on the death of his mother. At the time over appointment, the petitioner claims to have fairly disclosed that his father was working in 32 Bn. P.A.C. Lucknow and his younger brother was also working at 37 Bn. P.A.C. Varanasi and it is in the aforesaid circumstances, the respondents cancelled the appointment of the petitioner with immediate effect by means of order dated 25.5.2004. Thereafter the petitioner challenged the order dated 25.5.2004 by filing a Writ-A No. 5259 of 2004 (Arun Kumar Vs. State of U.P. and others) and this Court by means of interim order dated 16.9.2004 stayed the termination order of the petitioner. The order dated 16.9.2004 passed in Writ- A No. 5259 of 2004 (Arun Kumar Vs. State of U.P. and others) is quoted hereinbelow for ready reference: "Heard learned counsel for the parties. Petitioner's mother was working on the post of Sweeperess as a Government employee. She had expired on 1-8-2003. After her death, petitioner has applied for appointment on compassionate ground under Dying in Harness Rules. On 22-1-2004 petitioner had joined the duty on the post of Sweeper. Now by the impugned order without providing opportunity of hearing or without serving show cause notice to the petitioner in violation of principle of natural justice, the petitioner's appointment has been cancelled. Six weeks time is allowed to the opposite parties to file counter affidavit. Rejoinder affidavit be filed within two weeks. List thereafter. Till further order of this Court, the further operation of the impugned order dated 27-5-2004 contained in Annexure-1 to the writ petition shall remain stayed. Petitioner shall be entitled to continue in service with due salary." On the strength of the said interim order, the petitioner was reinstated and continued to work till the said writ petition was listed before this Court on 30.1.2025 and due to non appearance of the counsel for the petitioner, the same was dismissed for want of prosecution. On the dismissal of the writ petition, the interim order stood lapsed and in the aforesaid circumstances, the respondents by means of order dated 6.2.2025 dismissed the services of the petitioner in the light of the fact that the interim protection granted to him no longer existing. The petitioner challenged the order dated 6.2.2025 by filing the present petition, both the writ petitions have been clubbed together. Thereafter the petitioner moved an application for recall of the order dated 30.1.2025 in Writ-A No. 5259 of 2004 (Arun Kumar Vs. State of U.P. and others) wherein he duly explained the reason for non appearance of the counsel for the petitioner and prayed for recall of the said order. This Court has already allowed the recall application filed in Writ-A No. 5259 of 2004 by means of the order passed today and once the order dated 30.1.2025 has been recalled and the interim order dated 16.9.2004 granted therein has been restored then the order dated 6.2.2025 for ensuring the further proceedings and order of termination dated 14.2.2025 having been passed only on the ground that the interim order which was lapsed would cease to exist. In view of the aforesaid reasons and specially that the interim order granted to the petitioner dated 16.9.2004 passed in Writ-A No. 5259 of 2004 (Arun Kumar Vs. State of U.P. and others) has been restored, the orders dated 6.2.2025 and 14.2.2025 are hereby quashed. Accordingly, the writ petition is allowed. . (Alok Mathur, J.) Order Date :- 27.2.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench