MITHAI LAL Vs. COLLECTOR PRATAPGARH

JUDGEMENT

(1.) THIS is the writ petition under Article 226 of the Constitution of India for issuing a writ of mandamus commanding the opposite parties to allow the petitioner to work on the post of Pump Operator on which the petitioner was working w.e.f. 7.12.2001.

(2.) ACCORDING to the petitioner, he was appointed as Class III employee as Pump Operator at Pump No. 2 Shahabad in Nagar Panchayat Manikpur, Pratapgarh on 7.12.2001. In support of his allegations he has filed a certificate issued by the opposite party No. 2, Chairman, Nagar Panchayat Manikpur, District Pratapgarh (Annexure-3). Admittedly, he is not working with effect from 18.7.2003. It is also admitted that a single penny has not been paid from the date of appointment, i.e., 7.12.2001. It is also alleged that the pump on which he was working has been auctioned on 10.2.2003 and he has been restrained from work with effect from 18.7.2003. He has moved a representation but till date no decision has been taken by the opposite parties. The petitioner has also filed a copy of the advertisement for filling two posts of Junior Clerks and one post of Class IV to show that the posts are lying vacant. It is alleged that the petitioner had worked for 18 months but his services have not been regularised.

(3.) IN view of the facts and circumstances stated above, the writ petition is dismissed.