STATE OF U P Vs. MAHIPAL SINGH

JUDGEMENT

(1.) This special appeal arises from a judgement of the learned Single Judge dated 16 April 2014 by which the State Government has been directed to take a decision in regard to the creation of a post of sweeper for the office of the Sub-Divisional Officer (SDO), Dhampur, Bijnor within two months, on a letter which was addressed by the Board of Revenue on 8 February 1994. The learned Single Judge has also directed that from 8 February 1994 till the creation of the post, the first respondent shall be allowed salary equivalent to the salary at the lowest grade of an employee on the post of sweeper in the State, in the office of the Collector. Arrears have been directed to be worked out within a period of three months and to be paid over to the first respondent. The first respondent has also been granted continuity of service.

(2.) The first respondent was engaged as a sweeper by the SDO when a new office was established in 1986. By a letter dated 8 February 1990, the SDO requested the District Magistrate to grant him permission to appoint the sweeper. On 2 March 1990, the District Magistrate issued directions for the appointment of the first respondent on a part-time basis as a sweeper on a consolidated salary of Rs. 76/- per month. The consolidated payment has since been revised from time to time. On 24 January 1992, the District Magistrate addressed a communication to the Board of Revenue for the creation of a permanent post of sweeper in the office of the SDO at Dhampur. Correspondence ensued between the Board of Revenue and the District Magistrate. By a letter dated 8 February 1994, the Secretary, Board of Revenue forwarded the papers to the State Government for the creation of a permanent post of sweeper in the office of the SDO at Dhampur.

(3.) The first respondent had moved the State Public Services Tribunal at Lucknow by filing a claim petition (Claim Petition No. 2135 of 1995, Mahipal Singh Vs State of U.P. & others). The claim petition was dismissed by an order dated 13 February 1996 with the following observations: