MOHD SAYEED Vs. STTAE OF U P

JUDGEMENT

(1.) IT is stated that the petitioner no.1 was appointed as part time sweeper on 30.7.2004 and petitioner no.2 on 5.8.2004 on contract basis for a consolidated and fixed pay of Rs.2000/ - per month in the District Judgeship, Jaunpur and it is stated that though the appointments of the petitioners were made as part time sweeper but they are working as full time sweeper and are engaged for whole day work in the Judgeship. By this petition, they have sought a writ of mandamus directing the respondents to convert their post into full time and also pay salary in regular pay scale admissible to the Class IV employees in the Judgeship. In this connection a reference can be made to a letter of District Judge, Jaunpur dated 15.2.2006 to the Registrar General, High Court, Allahabad, wherein it has been stated that although the petitioners are appointed as part time sweeper but they are working full time. It has also been stated in the said letter that having regard to the increase of work a demand for sanction of two more permanent posts of full time sweeper has already been made by the District Judge Jaunpur vide letters dated 4.3.2005 and 3.6.2005. In another letter dated 26.7.2007 addressed to Registrar Budget, High Court, Allahabad the District Judge, Jaunpur has again stated that though the petitioners are engaged as part time sweeper on contract basis but they are working like regular sweeper for last three years and are discharging their duties sincerely. It was further requested by the said letter that in prevailing facts and circumstances of the case having regard to the increase and bulkiness of work these two posts of part time sweeper should be sanctioned on regular basis as permanent posts.

(2.) THE aforesaid letters of District Judge, Jaunpur have been brought on record as Annexure -I and II of the supplementary affidavit filed by the petitioners in instant writ petition. The same are quoted as under: - .........[vernacular ommited text]...........

(3.) FROM a careful reading of letters of District Judge, Jaunpur dated 15.2.2006 and 26.7.2007 addressed to the Registrar General and Registrar Budget, High Court, Allahabad extracted herein before, it is clear that by the said letters the District Judge has clearly stated that although the petitioners are appointed as part time sweeper but they are working as regular and full time sweeper very sincerely and efficiently for last three years. The factum of sending of the aforesaid letters by the District Judge, Jaunpur on 15.2.2006 and 26.7.2007 to the Registrar General and Registrar Budget, High Court and contents thereof have not been disputed and denied by the respondent in the supplementary counter affidavit, therefore, in such situation it is very difficult for this Court to accept the averments of supplementary counter affidavit that the petitioners are not working as full time sweeper in the Judgeship contrary to the contents of aforesaid letters of District Judge. Accordingly, the statement of District Judge, Jaunpur has to be accepted and averments contrary made in the supplementary counter affidavit filed by Senior Administrative Officer, Jaunpur has to be rejected.