RAM KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) By means of this petition, the petitioner has prayed for a mandamus directing the respondents not to interfere in his working as Assistant Engineer in Rural Engineering Service's, Maharajganj Division, Maharajganj.

(2.) Heard learned counsel for the parties.

(3.) It is alleged in para 3 of the writ petition that the petitioner was selected by the U.P. Public Service Commission in 1986 on the post of Junior Engineer in the Rural Engineering Service. It is alleged that the petitioner possesses the requisite qualification for appointment/promotion as Assistant Engineer. However, there is nothing to show that the petitioner has been regularly selected as Assistant Engineer in accordance with the relevant rules. On the other hand, in paras 6 and 9 of the writ petition, it is alleged that the petitioner is working and discharging the duties of Assistant Engineer, as there was shortage of Assistant Engineers. This itself implies that the petitioner was never regularly selected and appointed as permanent Assistant Engineer,