ANNU Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been filed by the petitioner with the following prayer:-

(2.) Learned counsel for the petitioner argued that the petitioner was appointed and performing his duties as part-time sweeper in the department since 10.07.1998 and has been allowed to work time to time in Government residential colony of the department, in this regard experience certificate dated 30.08.2007 was issued by the Assistant Engineer, Nirman Khand-1, P.W.D., Banda.

(3.) Learned counsel for the petitioner further argued that the Engineer-in-Chief U.P. Lok Nirman Vibhag, Lucknow issued a circular on 01.11.1999 to ensure for making appointment of part-time sweeper and other Class-IV employees on the post of Daily Wager Employee for the purpose of regularization in the Public Works Department, copy of the circular dated 01.11.1999 is annexed as Annexure No.1 to the writ petition. After the above circular, the petitioner moved an application on 04.01.2002 before the respondent no.3-Executive Engineer, Nirman Khand-1, P.W.D. Banda for getting appointment on the post of Daily Wager Employee in the department and on the application of the petitioner the Superintending Engineer, Banda Circle, P.W.D. Banda wrote a letter dated 06.05.2002 to the Engineer-in-Chief, Viyav "ga" Verg, P.W.D., Lucknow with the request grant of permission to appoint the petitioner on daily wager in the department but no action was taken by the respondents for appointing the petitioner on daily wager basis.