DEEP KUMAR AND OTHERS v. CHAIRMAN DISTT.CANE SERVICE AUTHORITY AND OTHERS
WRIA/41862/1998 · 2025-08-21
Saurabh Shyam Shamshery
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15020 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15020 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:144642 Court No. - 5 Case :- WRIT - A No. - 41862 of 1998 Petitioner :- Deep Kumar And Others Respondent :- Chairman Distt.Cane Service Authority And Others Counsel for Petitioner :- Bhagwati Prasad,Krishna Mohan Asthana,Rajesh Kumar Tiwari Counsel for Respondent :- S.C. Hon'ble Saurabh Shyam Shamshery,J. 1.Heard Sri Rajesh Kumar Tiwari, learned counsel for the petitioner. .
2. This writ petition is pending since 1998.
3. Petitioners who are 8 in numbers have approached this Court challenging the order dated 18.11.1998, whereby their services were terminated.
4. This Court vide order dated 28.10.1999 stayed the operation of impugned order dated 18.11.1998.
5. Learned counsel for the petitioners submits that petitioners have enjoyed the fruits of interim order and have crossed the age of superannuation.
6. Learned counsel for the petitioners further submits that during pendency of this writ petition, petitioner nos.1,2,3,5,7 and 8 have died, therefore, this writ petition survives on qua to rest of the petitioners i.e. petitioner nos.4 (Mangu Singh) and 6 (Kripal Singh).
7. Otherwise also, reason assigned in the impugned orders that some receipt (lal parchi) collected during perrai session 1997- 1998, were not deposited which has caused hindrance in depositing sugarcane price and, therefore, they have worked against the interest of Committee which is not a legally
sustainable ground since no prior opportunity was granted as well as no subsequent similar complaint was brought on record, despite that petitioners have worked thereafter for many years.
8. Court takes note that petitioners have enjoyed interim order and present writ petition is pending for last 27 years, therefore, relief sought can be granted.
9. In the aforesaid circumstances, even in the absence of learned counsel for the respondents, interim order passed by this Court is made absolute. Impugned orders are set-aside qua to surviving petitioners and its legal consequence shall follow.
10. At this stage, learned counsel for the petitioners submits that surviving petitioners have grievance that since some benefits including A.C.P be granted to them.
11. In the aforesaid circumstances, this writ petition is disposed of finally with liberty to surviving petitioners to approach the concerned respondents for their grievance. , Order Date :- 22.8.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad