TRILOKI NATH Vs. STATE OF U P

JUDGEMENT

(1.) ARUN Tandon, J. Heard Sri Rajendra Rai, Advocate on behalf of the petitioner and learned Standing Counsel on behalf of respondents.

(2.) FROM the records of the present writ petition, it is apparently dear that the services of petitioner, who was employed as daily wage employee, were terminated under an order dated 30th June, 1992. The order dated 30th June, 1992 was challenged before this Court by means of Civil Misc. Writ Petition No. 29855 of 1992 (Mohan Prasad and Ors. v. State of U. P. and Ors. ). In the writ petition an interim order was granted by this Court dated 19th August, 1992, where under the order terminating, the petitioner's services, was stayed, and it was provided that the petitioner shall be paid salary and other benefits. It was further clarified that the order will be effective only if no substantive appointment has been made on the post held by the petitioner and the said post has not been abolished. For ready reference interim order of this Court is being quoted herein below: "issue notice. Until ordered otherwise, the operation of the impugned order dated 30-6-92 shall remain stayed. The petitioner shall be entitled to the payment of the salary and other benefits. However, it is made clear that this order will be effective only if no substantive appointment has been made on the post held by the petitioner and the said post has not been abolished. "

(3.) ON the strength of the aforesaid working, the petitioner seeks minimum of the pay-scale admissible to the post of driver appointed on regular basis.