Full Judgment
W.P.No.9265/2012 09/07/2012 Shri A.K.Mishra, learned counsel for the petitioner.
Shri Rajesh Tiwari, learned GA for the respondents/State.
Even though, learned counsel for the petitioner submits that he is entitled to consideration of his case for re-engagement in accordance with circular dated 21.1.2004 but this Court has held in a series of cases that not after the Constitution Bench Judgment in the case of the Secretary, State of Karnataka versus Uma Devi 2006 (4) SCC 1.the benefit of circular dated 21 st of January, 2004 cannot be granted and the petitioner can only claim the benefit in the light of the subsequent circulars issued in the light of the law laid down in the case of Uma Devi (Supra).Learned counsel for the petitioner submits that under similar circumstances, certain directions have been issued in W.P.No.21125/2011 vide order dated 23.1.2012.
Learned counsel for the State points out that the aforesaid judgment is issued without taking note of the law laid down in the case of Uma Devi (Supra).Keeping in view the consistent judgments and the law laid down in the case of Uma Devi (Supra).circular dated 21 st of January, 2004 cannot be given effect to.
No case is made out to issue any mandamus to consider the case of the petitioner, instead if the petitioner has any grievance with regard to implementation of the policies of the State Government after coming into force the law laid down in the case of Uma Devi (Supra).he may seek implementation of the same in accordance with law.
With the aforesaid, the petition is disposed of.
Certified Copy as per rules.
(Rajendra Menon) Judge nd