JAGAT PRASAD PRAJAPATI Vs. STATE OF U P

JUDGEMENT

(1.) Petitioners were initially engaged on temporary basis in the year 1986 and have been regularised on the post of Pump Operators vide separate orders dated 4.11,1996, of the Nagar Nigam, Gorakhpur. By the impugned order dated 9.9.2003, the Respondent No. 5 Chandra Bhushan Mani has been regularised on the post of Fitter and Respondent No. 6 Ram Gati has been regularised on the post of Meter Mechanic in the Nagar Nigam, Gorakhpur. The petitioners submit that since the said two posts of Fitter and Meter Mechanic, on which Respondent Nos. 5 and 6 have been regularised, are of higher grade, they ought to have been promoted on the said posts. Hence the petitioners have filed this writ petition challenging the order dated 9.9.2003 whereby Respondent Nos. 5 and 6 have been regularised on the post of Fitter and Meter Mechanic, and have also prayed for being promoted to the same post from the post of Pump Operators on which they are working.

(2.) Having heard Sri H.P. Misra, learned counsel for the petitioners, as well as learned Standing Counsel appearing for Respondent No. 1, Sri Satish Madhyan for Nagar Nigam-authorities Respondent Nos. 2, 3 and 4 and Sri Umesh Vats for private-Respondent Nos. 5 and 6 and on perusal of record and considering the facts and circumstances of this case, in my view, the petitioners are not entitled to the prayers made in this writ petition.

(3.) It is not disputed that the petitioners were initially engaged on temporary basis and the Respondent Nos. 5 and 6 on daily wage basis. A seniority list was prepared as per the directions of the State Government so that in accordance with the Government Orders issued from time to time, the regularisation of such workers may be completed strictly on the basis of seniority and on the recommendations of the selection committee. In pursuance thereof the services of the petitioners had been regularised vide separate orders of the Nagar Nigam dated 4.11.1996 which were passed in compliance of the instructions dated 10.10.1996, issued by the Mukhya Nagar Adhikari, Nagar Nigam, Gorakhpur.