KALICHARAN Vs. STATE OF U P

JUDGEMENT

(1.) BHANWAR Singh, J. Heard the learned Counsel for the petitioner and the learned State Counsel as well as the learned Counsel appearing for opposite parties Nos. 3 and 4.

(2.) THE petitioner Kalicharan has in voked this Court's jurisdiction under Ar ticle 226 of the Constitution of India by seeking a writ in the nature of mandamus commanding the opposite parties to regularise his services on the post of Safai Karmachari. THE petitioner's contention is that he has been working as a sweeper since 15-1-1979 in Uchcha Prathmik Vidyalaya Haiderganj, Tarun Faizabad. In itially he was getting Rs. 2 as his part time wages which were later increased to Rs. 20 and then Rs. 30 and eventually Rs. 150 per month. It has been alleged by him that he has been performing his duties during the school hours, i. e. , from 10 to 4 p. m. ,ie. , as other regular employees of the school are working. THE amount of Rs. 150 per month is not enough even for his bread and butter. He made several repre sentations to opposite party No. 3 for regularisation of his services and making payment equivalent to minimum of pay-scale admissible to the category of a Class IV employee but all in vain. THE opposite party No. 3 has filed the counter-affidavit asserting therein that the petitioner was engaged as a part-time sweeper and since he is required to work for a few hours only, he is not entitled to the regular pay-scale and for being regularised on the post of sweeper. In addition, it has been asserted that there is no sanctioned post of the said scale.