VIJAY KUMAR MEHROTRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Raj Kumar Khanna, learned counsel for the petitioner and perused the record. Petitioner is seeking a writ of mandamus commanding respondents to pay pension to petitioner as payable on the post of Executive Engineer with all consequential benefits. Another mandamus has been sought commanding respondents to consider petitioner for promotion on the post of Executive Engineer from the date when juniors have been granted and in case petitioner is found suitable to grant him notional promotion with all consequential benefits.

(2.) The relevant facts borne out from record are that petitioner was given temporary appointment on the post of Overseer in Municipal Board, Bareilly under Section 70 of U.P. Municipalities Act, 1916 (hereinafter referred to as the "Act, 1916") made by President, Municipal Board vide communication dated 25.8.1966 by Civil Engineer communicating appointment of petitioner for a period of two months on a fixed pay of Rs. 120/- per month plus D.A. Etc. Subsequently, vide Government Order dated 7.5.1973 issued by Deputy Secretary, U.P. Government, petitioner was appointed on the post of Junior Engineer, Civil (Overseer) on temporary basis in the pay scale of Rs. 150-300/-. Post of 'Overseer' subsequently was re-designated as "Junior Engineer".

(3.) Petitioner, under the rules, constituted feeder cadre for promotion to the post of Assistant Engineer. On 10.2.1993 Mukhya Nagar Adhikari, Bareilly (hereinafter referred to as the "MNA") granted, permission to petitioner to discharge duties of Assistant Engineer on a vacancy fell due to sudden demise of Sri K.M. Lal Sinha. The order clearly says that petitioner shall not be entitled for salary etc. payable to the post of Assistant Engineer. Aforesaid order permitted petitioner to discharge duties on the post of Assistant Engineer until further arrangement. When regular incumbent was available, MNA sought to withdraw on 14.10.1993, temporary arrangement made by permitting petitioner to discharge duties as Assistant Engineer. There against petitioner came to this Court in Writ Petition No. 40318 of 1993 seeking following reliefs: