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2025 DAILYLAW 44345 (ALL)

MAHESH CHANDRA v. STATE OF U.P. AND 4 OTHERS

WRIA/27178/2015 · 2025-09-14

Saurabh Shyam Shamshery

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 27178 of 2015 Court No. - 5 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri Madhu Ranjan Pandey, learned counsel for petitioner and Sri P.K. Shahi, learned A.C.S.C. for State. 2. The petitioner has worked as Security Guard at Project Officer of District Urban Planning, Pilibhit for about 13 years, however, in terms of policy, engagement was discontinued by an order dated 24.10.2013, to allow other person to work as security guard. 3. The aforesaid order was challenged at the behest of petitioner in the year 2015. No interim order was granted and this writ petition is pending for last 10 years. 4. Learned counsel for petitioner has not able to show that appointment of petitioner was based on any service rule rather it appears that it was a temporary in the nature based on monthly honorarium. Otherwise also, after such a long period i.e. after 10 years to pass direction to appoint petitioner would not be reasonable specifically when other appointees are not party i.e. not arrayed as respondent in present case, therefore, without interfering with impugned order, this writ petition is disposed of with an observation that in case, concerned respondent initiates. a fresh process to appoint security guard on honorarium basis, the name of petitioner can be considered, taking note that he has earlier served for about more than a decade and for that petitioner can file an application so that as and when respondent initiate any process to appoint persons as security guard on honorarium basis or contract basis, as the case may be, his name may also be considered, in accordance with law. September 15, 2025 P. Pandey Versus Counsel for Petitioner(s) : Madhu Ranjan Pandey Counsel for Respondent(s) : C.S.C., Sujeet Kumar (Saurabh Shyam Shamshery,J.) Mahesh Chandra .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad