(1.) The petitioned has preferred this writ petition in which it has been prayed that the order dated 16.7. 1986 passed by the Assistant Commissioner (Engg.) Municipal Corporation of Delhi. Engineering Department be quashed.
(2.) The petitioner by the order dated 20.2.1995 was regularised in Div.lV w.e.f. 1.4.1982 against the post of Mason in the pay scale of Rs.220-270 with usual allowances as admissible to the employees of MCD and terms and rules indicated in that letter. On 16.7.1986 the Assistant Commissioner (Engg.) passed the order by which the order regularising the petitioner was kept in . abeyance till further orders.
(3.) The petitioner aggrieved by the said order filed this writ petition. This Court issued show cause notice on 16.12,1987. Mrs. Tewatia, learned counsel appearing for the MCD submitted that the counter affidavit could not be filed in this case because the original records pertaining to the petitioner are not traceable in the MCD and despite their best efforts they could not locate those records.