(1.) Heard Sri Kishan Ji Khare assisted by Sri Mritunjay Khare for the appellant, learned C.S.C. appearing for the State and Sri Satish Mandhyan for the respondents-Mandi Parishad and perused the records.
(2.) The appellant-petitioner Ram Autar was initially appointed as Class IV employee on daily wage basis w.e.f. 9.4.1982 to work as waterman in Krishi Utpadan Mandi Samiti. He claims to have discharged the duties on the post of Kamdar/Mandi Sahayak on the basis of orders issued from time to time. However, in the regularization order dated 9.4.1988, the appellant-petitioner was shown to be appointed as Waterman. Aggrieved by his regularization on the post of Waterman, he approached this Court by means of Civil Misc. Writ Petition - A No. 8377 of 2011 ( Ram Autar Versus State of U.P. and others) praying for quashing of the order dated 3.1.2011 issued by the Board (Deputy Director, Administration Marketing) cancelling the order dated 30.5.1995 inter alia that there is no evidence on record to show that appointed appellant-petitioner was appointed on the post of Mandi Sahayak. The appointment of the petitioner on the post of Waterman was approved by the Board. He has also prayed for quashing of the order dated 25.1.2011 passed by the Secretary, Krishi Utpadan Mandi Samiti, Bharthana, Etawah cancelling the regularization of the appellant-petitioner on the post of of Mandi Sahayak on the ground that there is no provision for change of the post on which he was initially engaged at the time of regularization,. It has also been prayed by the petitioner that mandamus be issued directing the respondents not to interfere in his functioning as Mandi Sahayak and to pay him the salary of Mandi Sahayak month to month.
(3.) The aforesaid writ petition was dismissed vide judgment and order dated 5.9.2014. The reasons for not granting the relief is in paragraphs 4 to 7 of the judgment which reads :