HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 33692 of 2003 Court No. - 5 HON'BLE SAURABH SHYAM SHAMSHERY, J. Delay Condonation Application No. 17/2021 1. Heard. 2. Cause shown is sufficient. 3. Delay in filing substitution application is condoned. 4. Application is allowed. Substitution Application No. 18/2021 1. Heard. 2. Allowed. 3. Necessary substitution be carried out within a week. Order on Writ 1. Heard Sri Virendra Singh, learned counsel for petitioners and Sri Ganesh Prasad, learned counsel for respondents. 2. This Court has passed following order on 11.09.2003 :- "Present petition has been filed as a composite petition by 13 petitioners working in the Nagar Panchayat Badapur District Bijnor on daily wage basis. All the petitioners have claimed to have been appointed on dates indicated hereinafter :- 7. Petitioners 1 to 5 Safai Karamcharies on 31.3.1988 8. Petitioner no. 6 Safai Karamchari on 1.8.1991 9. Petitioner No. 7 Driver, on 17.7.1988 10. Petitioners 8 to 11 Safai Karamcharies on Versus Counsel for Petitioner(s) : Deepak Singh, Virendra Singh Counsel for Respondent(s) : C.S.C., Ganesh Prasad Mukesh Kumar And Others .....Petitioner(s) State of U.P. and Others .....Respondent(s) 6.1.1994 11. Petitioner no. 12 Chowkidar on 20.12.1989 12. Petitioner No. 13 Khalasi on 7.3.1988 It is submitted by the learned counsel for the petitioners that the services of the petitioners were regularized means of the orders dated 1st Sept, 1998, and 31.8.1998 pursuant to the directions contained in the Government Order dated 5.7.1998 9.7.1998. It is further submitted that the orders regularizing the services of all the 13 petitioners were rescinded ostensibly on the basis of directions contained in Government Order dated 17.4.2003 to the effect that invalid appointments and consequent regularisation made in the Nagar Panchayat Badapur be cancelled. It is in this backdrop that the petitioners have conjointly filed the present petitions claiming therein the reliefs of quashing the impugned orders dated 17.4.2003, 19.7.2003 and 23.7.2003 passed by the State Government, the Collector Bijnor and the Executive officer Nagar Panchayat Badapur Bijnor respectively. It transpires from the record that petitioners 1 to 5, petitioner no. 7 and petitioner no. 13 had put in 15 years of service while petitioner no. 6 had put in 12 years of service. Petitioners 8 to 11 had put in nine years of service and petitioner no. 12 had completed a span of 12 years in the service of Nagar Panchayat on daily wage basis. It is canvassed by the learned counsel that the petitioners having been regularized in the year 1998, had already acquired regular status and therefore, it was iniquitous on the part of the respondents to rescind the regularisation and revert the petitioners to status quo ante merely in obedience to the directions coming from Joint Secretary State of U.P. and the District Magistrate Bijnor without proper enquiry into the imputations of irregularities or otherwise. It was further submitted that no opportunity whatsoever was given to any of the petitioners before proceeding to de- regularise them after they had already worked as regular employees for five years. The learned counsel lastly canvassed that from the various orders passed by the District Magistrate and the Executive officer, it transpires that the Executive officer did not apply his mind and did not exercise his power and merely proceeded WRIA No. 33692 of 2003 2 to pass the impugned orders blindly following the directions given by the District Magistrate on the basis of letter of Joint Secretary, State of U.P. without going into the merits of the imputations. It is further submitted that no enquiry was set afoot into the imputations of alleged irregularities in the process of regularisation and the authorities proceeded to pass the impugned orders without any justification or valid basis. Learned Standing counsel representing the State prayed for time to file counter affidavit. As prayed, three weeks' time is granted to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks next thereafter. List this matter immediately after expiry of five weeks for final disposal. Till further orders, the operation and effect of the impugned orders dated 17.4.2003, 19.7.2003 and 23.7.2003 shall remain stayed and the petitioners shall be paid their salary admissible to the regularly appointed counter-parts in the Nagar Panchayat." 3. Learned counsel for rival parties, on basis of limited instructions, have not much disputed that in all probabilities, petitioners have taken advantage of above referred interim order. 4. It may be a case that some of petitioners may have already attained age of superannuation or some of petitioners may be in service. 5. Court is not entering into the status of petitioners at this stage. As referred above, purpose of this writ petition is fulfilled since petitioners have worked on basis of interim order for more than 2 decades, therefore, interim order dated 11.09.2003 is made absolute and writ petition is, accordingly, disposed of. September 18, 2025 N. Sinha WRIA No. 33692 of 2003 3 (Saurabh Shyam Shamshery,J.) Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad