KISHAN SWAROOP SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) R. K. Singh, J. The petitioner has filed this writ petition under Arti cle 226 of the Constitution of India with the following prayers :- (a) "to issue a writ, order, direction in the nature of mandamus com manding the opposite parties to pay to the petitioner his regular salary of the post of Assistant Engineer from 22-5-1986 till date with consequential benefits ; i (b) to issue writ, order, direction in the nature of mandamus com manding the opposite parties to pay salary month by month when fall due regularly ; (c) to issue writ, order direction in the nature of mandamus commanding the opposite parties to accord all benefits accruing in favour of the petitioner since 22-5-1986 and further they be directed to consider his seniority since 1974 as employee of Deve lopment Authority. When he was absorbed in the department as Junior Engineer under the law. "

(2.) THE petitioner was appointed as Junior Engineer in Agra Municipal Corporation in the department of Development in the year 1972. In the year 1974, the Agra Development Authority was constituted and the petitioner opted to merge in the services of the development authority. THE petitioner was promoted to the post of the Assistant Engineer by the order, dated 22nd of May, 1986 (Annexure-VII) by the Agra Development Authority, Agra with effect from 22nd of May, 1986 with a clause that he will get the pay scale of the Assistant Engineer from the date of the sanction accorded by the Govern ment of Uttar Pradesh and till then he will get the pay in the pay-scale of the Junior Engineer. THE petitioner accordingly submitted his joining report on the same day i. e. 22nd of May, 1986 (Annexure 7-A ). Since then his case was being kept pending by the Government of Uttar Pradesh though the peti tioner submitted several representations and once he also filed a writ petition in this court being the Civil Miscellaneous Writ Petition No. 46313 of 1992 which was disposed of with a speaking order on 15th of May, 1993 directing the U. P. Government to dispose of the representation of the petitioner for regularisation of his services as the Assistant Engineer. THE matter did not found favour uptil now and the petitioner has come to court again for the same grievance.