SOBHA RAM YADAV Vs. SACHIV VIDYUT SEVA AYOG

JUDGEMENT

(1.) Although the country had become free from British imperialism on 15 August, 1947 about 63 years ago, but millions of people are still suffering from poverty and economic disability. Constitutional guarantee of equality of status and of opportunity and promises to establish welfare state and egalitarian society enshrined under the preamble of the constitution, directive principles of State policy and other provisions of the constitution have become merely empty promise and could not become reality for them.

(2.) It is third inning of litigation before this Court. The first inning was ended by usual direction to decide representation of the petitioner, whereupon finding no favour with the respondents for a quite long time the petitioner was compelled to file contempt petition, which appears to have prompted the rejection of his representation, ultimately giving rise cause of action of instant petition. It is classic case and example of gross-discrimination and extreme arbitrariness by the instrumentality of the state, where a person is continuously working on daily wage basis since July 1972, (for about four decades) and is at verge of attaining his age of superannuation without any treatment of regular employee after serving whole life in our democratic polity. The petitioner has been continuously denied of his constitutional rights by the respondents on one pretext and another by legal jugglery of the state, and is being continuously exploited on account of his wants and economic disability.

(3.) The petitioner has come forward with the case that he was appointed in the office of respondent No. 3 as daily wage muster roll employee in July 1972, and since then till 1983 the he was discharging his duties as daily wage muster roll employee on the post of Mali. His initial appointment was made by U.P. State Electricity Board but subsequently the Board was abolished and in its place U.P. Power Corporation Ltd. and some other corporations were created and employees of the said Corporation (Board) were permitted to be continued into new Corporations created in place of erstwhile U.P. State Power Corporation i.e. U.P. State Electricity Board. Thereafter the petitioner was appointed on the post of water man on temporary basis w.e.f. 1.4.1988 to 30.9.1991 for a period of six months in each year by four consecutive letters of appointment issued on 1st April, 1988,1st April, 1989,1st April, 1990 and 1st April, 1991, by the respondent No. 3 in the concerned establishment at Gorakhpur. The aforesaid letters of appointment are on record as Annexure-1,1A, 1B and 1C to the writ petition. It is stated that having regard to the hard working and laborious nature of the petitioner on 13.11.1990 Superintending Engineer, Vidyut Janpad Construction Circle, U.P. State Electricity Board, Allahabad wrote a letter to the Chief Engineer U.P. State Electricity Board, Lucknow for seeking permission for appointment of petitioner on permanent vacant post of Mali in Gorakhpur Division. The aforesaid letter is on record as Annexure-2 of the writ petition.