SUDHIR KUMAR SRIVASTAVA Vs. MAHA-NIDESHAK PRANTIYA RAKSHAK DAL VIKAS DAL AVAM YUWA KALYAN U P LUCKNOW

JUDGEMENT

(1.) ASHOK Bhushan, J. Heard Counsel for the petitioner and the learned standing Counsel. Counter and rejoinder affidavits have been exchanged and with the consent of the parties the writ petition is being finally decided.

(2.) PETITIONER is a graduate and trained Swayam Sewak Prantiya Vikas Dal. Vide order dated 6-6-1989 an appointment letter was issued by the Director, Yuva Kalyan Avam Pradesik Samadesta, Pradeshik Vikas Dal, U. P. Lucknow. The petitioner was directed to discharge duties on the vacant post of Block Organiser/kshetriya Yuva Kalyan Adhikari. The order further directed that the petitioner be paid Rs. 15 per day as duty allowance. The order that one post of Block Organiser/kshetriya Yuva Kalyan Adhikari is lying vacant due to which the work is being affected. By a subsequent letter dated 23-6-1989 of the Director, permission was granted to pay duty allowance to the petitioner from the Head of Samaj Sewa Karya under District Sector Yojna. Posting order dated 17-7-1989 was issued to the petitioner by the Chief Development Officer, Gorakhpur. The Block in which the petitioner was working came to be included in the newly created District Maharajganj hence an order was issued on 14-11-1990 on behalf of the Director directing that the petitioner be posted in District Gorakhpur. PETITIONER continued to work on daily wages in District Gorakhpur. An order was passed on 30-8-1991/1-10-1991 reverting the petitioner as Swayam Sewak. The petitioner filed writ petition No. 5898 of 1992 challenging the aforesaid order in which an interim order was passed on 24-2-1992 directing that until further orders of this Court the petitioner shall not be reverted. The petitioner has stated that since from the date of joining petitioner continued to work as Block Organiser/kshetriya Yuva Kalyan Adhikari, the Writ Petition No. 5898 of 1992 was finally decided by this Court by order dated 9-2-2000 a copy of which has been annexed as Annexure-6 to the writ petition. This Court taking into consideration of the Uttar Pradesh Regularisation of Daily Wages Appointment on Group 'c' Posts (Outside the purview of the Uttar Pradesh Public Service Commission) Rules, 1998 finally disposed of the writ petition with following directions: - "the writ petition is disposed of finally with the direction that in case there is vacancy, temporary or permanent, petitioner shall be considered for regularisation on Group `c' post which he is holding i. e. the post of Block Organiser in Prantiya Rakshak Dal/prantiya Vikas Dal within three months from the date of production of certified copy of this order. "

(3.) LEARNED standing Counsel refuting the submissions of the Counsel for the petitioner stated that the petitioner's appointment is not on daily wage basis but his appointment was as Swayam Sewak. It has been further stated that the petitioner was reverted in 1991 and which reversion order was challenged by the petitioner in Writ Petition No. 5898 of 1992 and the petitioner was allowed to continue to discharge his duties as Block Organiser/kshetriya Yuva Kalyan Adhikari only due to the interim order and since in the final order dated 9-2-2000 of this Court there was no direction for continuing the petitioner on the post of Block Organiser/kshetriya Yuva Kalyan Adhikari, the petitioner has no right to claim working on the said post.