SANGEETA BISHT WIFE OF SRI M C BISHT Vs. STATE OF U P THROUGH THE SECRETARY, UTTARANCHAL/HILL DEVELOPMENT DEPARTMENT, GOVERNMENT OF U P AND VISHESH KARYA ADHIKARI/JOINT SECRETARY, U P GOVERNMENT

JUDGEMENT

(1.) Heard learned Counsel for both the parties.

(2.) By the present writ petition the petitioner has prayed for a writ of certiorari quashing the order of the termination if any by summoning the original and further prayed for a writ of mandamus commanding the respondents to pay the petitioner's salary with effect from 1st October, 1992 and directing the respondents to pay the petitioner's monthly salary and to allow her to continue in service. Further the petitioner has prayed to restrain the respondents from terminating the services of the petitioner in any manner and regularize the services of the petitioner on the available, clear and substantive vacancies of Junior Investigator.

(3.) Briefly stated the petitioner was found suitable for the post of Investigator which was lying vacant and a letter was issued by Regional Employment Office Almora. To this effect an information was sent and petitioner was called for an interview and after facing the interview she was offered a job in the nature of Gramin Arthik Samajik Evam Sanskritik Surveykshan Regional Office of Kumaon Region Hill Development Department at Almora vide order No. 189/Kumaon Regional Ka.Aa.-97/1990 issued on 25 Nov. 1990 and joined on the said post on 11th January, 1991. It was an appointment against a clear permanent vacancy of Junior Investigator (Pay-scale 1200-2040) in the services Hill Development Department Government of Uttar Pradesh. Petitioner was a Post Graduate and according to her qualification she should have been appointed as Junior Investigator by the respondent, but she was appointed as a daily-wager to work as a Surveyor on a fixed salary of Rs. 1000/- per month and it was provided in the appointment order that if the number of villages surveyed by the petitioner remains less than ten she will not be paid any salary and if it remains within 10 to 12 villages she will be paid only Rs. 500/- per month. Petitioner is continuously working on the said post from 1991.