SAILESH KUMAR UPADHYAY Vs. STATE OF U P

JUDGEMENT

(1.) In this petition, the petitioner has prayed for issuing a writ, order or direction in the nature of mandamus directing respondent No. 2 to permit the petitioners to work as Kurk Amins in terms of their respective original letters of appointment till such time that regular work is available and further to regularise the petitioners' services in case duly sanctioned post and work is available with the respondent-authorities. Heard Sri L.D. Rajbhar, learned counsel for the petitioner and learned Standing Counsel for the respondents.

(2.) It appears that advertisement in Dainik Devrath 'Hindi' daily issue dated 9.11.1994 had been issued for inviting applications from eligible persons for certain posts of Kurk Amins. The advertisement aforesaid indicated that candidates must be matriculate. The post of 'Kurk Amin' to be filled for realisation of dues of co-operative societies in the district of Azamgarh. The posts of Kurk Amins thus advertised were to be filled up by eligible candidates after a selection procedure undertaken in accordance with law and the selected candidates were to hold the posts in question against remuneration paid on a commission basis. The petitioners were issued appointment letter dated 22.12.1994. The petitioners appeared before Assistant Registrar respondent for verification of their testimonials and issuance of their letters of appointment. Thereupon, the petitioners were issued with appointment letters (Annexure-3). Petitioners joined the post of Kurk Amins and have been discharging duties assigned to them regularly and continuously. However, in July, 1996, the respondents stopped assigning work to the petitioners and thereafter, the petitioners had given several representations to the authority concerned but no heed was taken, hence the writ petition has been preferred.

(3.) Learned counsel for the petitioners has relied on the judgment passed in Civil Misc. Writ Petition No. 14377 of 1997, Jokhu Chauhan and Ors. v. State of U.P. and Ors., wherein it was observed :