YOGENDRA NARAIN SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Swapnil Kumar, learned Counsel for the petitioner, Sri G.S. Dwivedi, learned Counsel for the respondent No. 2, Jal Sansthan, Agra and learned Standing Counsel for respondent No. 1. According to the petitioner he and one Gajendra Singh both were working as daily wager Class IV employees in Jal Sansthan, Agra and both of them by separate orders of the same date i.e. 23.2.1999 were regularized on the post of End Grade clerk in the pay scale of Rs. 950-1500, however Sri Gajendra Singh was paid the salary in the said pay scale, but the petitioner was not paid the salary in the said pay scale and petitioner was denied to be paid the salary of Class III employee as he was wrongly treated to have been confirmed on the Class IV post. Order dated 23.2.1999 in respect of petitioner is Annexure No. 5 to the writ petition and order of the same date in favour of Gajendra Singh is Annexure No. 6 to the writ petition. Both the orders are word by word same except the names of the appointees. The orders state that on the approval of the Chairman, Jal Sansthan, Agra on the vacant post of Grade II clerk, the petitioner and Gajendra Singh Class IV employees were being regularized.

(2.) According to learned Counsel for the petitioner subsequently several orders were passed in favour of the petitioner for payment of salary of Class III post but of no avail. Copies of the said orders are Annexure No. 8 dated 31.5.2002, Annexure No. 10 dated 13.1.2003, Annexure No. 11 dated 17.2.2003, Annexure No. 12 dated 8.5.2003, Annexure No. 13 dated 16.5.2005, and Annexure No. 14 dated 23.1.2006.

(3.) In the counter-affidavit it has been stated that Annexure No. 5 and the abovementioned annexures are forged documents, however the correctness of Annexure No. 6 order dated 23.2.1999 in favour of the Gajendra Singh has not been denied. Learned Counsel for the Jal Sansthan, Agra argued that prior to 23.2.1999, the petitioner was working as daily wager Class IV employee, hence he was confirmed on the said post by the said order and even though Gajendra Singh was also working as daily wager Class IV employee, however the work of clerk was being taken from him, hence he was regularized on the post of Second Grade clerk.