GAJENDRA PRASAD Vs. EXECUTIVE ENGINEER AND ORS.

JUDGEMENT

(1.) PETITIONER by means of this writ petition is claiming that he should be appointed on the post of Part time/Assistant Tub -well Operator in view of his selection dated 27.5.1994. He has further prayed for quashing of the orders dated 27.6.2007 and 29.11.2008 whereby his representations to the aforesaid effect have been rejected by respondent No. 1, the Executive Engineer Tube -well Division, Sahjahanpur.

(2.) ACCORDING to the petitioner he appeared in the examination and interview for selection on the post of Part time/Assistant Tub -well Operator on 12.5.1994 whereupon vide order dated 27.5.1994 he was declared selected. On his aforesaid selection he was sent for training which he completed successfully. However, he was not permitted to join the services in view of the judgment and order of the Lucknow Bench of the Allahabad High Court dated 18.5.1994 passed in writ petition No. 3538 of 1992 Suresh Chandra Tiwari and Ors. v. State of U.P; interim order in Special Leave Petition No. 16219 of 1994 of the Sate of U.P. arising therefrom; and the directions of the authorities dated 4.10.1994 not to appoint any part -time/Assistant Tube well operators till the disposal of the Special Leave Petition.

(3.) IN the counter affidavit as well as in the second supplementary counter affidavit filed on behalf of respondents they have taken a stand that the petitioner is not entitle for appointment as Part time/Assistant Tub -well Operator, as the said posts were ex -cadre posts and have been declared as dying cadre vide government orders dated 17.12.1996 and 14.1.1997. The petitioner has not been discriminated in any manner. He stands altogether on a different footing from those who have given appointment, in as much as, he was never appointed and had worked as Part time/Assistant Tub -well Operator. Accordingly, he can not be appointed and even regularized under the provisions of U.P. Irrigation Department (Regulation of Part time Tub -well Operators) Rules, 1996.