State of U.P. & Ors. Versus Parmanand Shukla



CIVIL APPEAL NO. 11525 OF 2014

(Arising out of S.L.P.(c) No. 10968 of 2010)

State of U.P. & Ors. .…Appellant(s)


Parmanand Shukla (Dead) Thr. L.Rs. ….Respondents(s)


The facts of the case lie in a narrow compass so also the controversy, which has narrowed down to short issue on account of subsequent events occurring during the pendency of this appeal requiring no elaborate discussion to adjudicate any legal issue arising in this case. A batch of writ petitions, one consisted of 48 persons (writ petitioners), other with less number of persons and some by individuals came to be filed against the State of UP and its Irrigation Department. These writ petitions were filed with intervals. However, in all these writ petitions whether filed collectively or/and individually, the grievance raised therein was identical in nature so also the reliefs claimed by the writ petitioners against the State/Irrigation Department. It was also founded on identical facts and grounds. In substance, the grievance of the writ petitioners (employees) against the State was that these writ petitioners were engaged by the State as daily waged muster roll employees by the Irrigation Department of Gandak Region to work in their various divisions way back in the year 1982 and onwards. They alleged that they continued to work till 1990 regularly when their services were disengaged resulting in filing of the writ petition (W.P. No. 45752/99) by these terminated employees for grant of appropriate relief against the State. The High Court came to their rescue and by order dated 21.03.2001 directed the State to dispose of the representations filed by the writ petitioners keeping in view the principle of last come first go. The State again discontinued their services in the year 2001 which again gave rise to the filing of the aforesaid batch of writ petitions by the terminated employees. One leading writ petition filed by 48 such employees was C.M.W.P. No 29545/2001 ….read more