NARENDRA KUMAR SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) S. C. Verma, J. By this Writ petition under Article 226 of the Constitution, the petitioner has prayed for direction com manding the opposite parties to regularise the services of the petitioner as Junior En gineer Civil before any selection and ap pointment is made in pursuance to the ad vertisement contained in Annexure No. 9 to the Writ Petition.

(2.) THE petitioner claims to have joined the Rural Engineering Services department in 1989 being Diploma Holder in Civil En gineering as Work Supervisor. It is alleged that the petitioner joined the post with ef fect from 12-8-1989 and he worked till 31-10-1989. THE petitioner was again ap pointed as Work Supervisor by order dated 20-10-1989 on a consolidated pay of Rs. 400 per month and he joined the services at Bara Bankion 6-11-89. By order dated 14-2-1990 passed by the Superintending Engineer, Rural Engineering Services, Faizabad Circle, Faizabad, the services of the petitioner were extended upto 14-5-1990. THE petitioner was not allowed to continue after 15-5-1990 and as such he approached this Court claiming similar benefits as has been given to the petitioners of writ petition No. 7357/1990, 5307/90, 11178 of 1990 and 11183 of 1990. THE petitioner claimed that he had completed more than 240 days in a Calendar year and as such he has attained the status of temporary employee and is entitled for regularisation under the provisions of Rule 77 of the Rules framed under the Industrial Disputes Act. THE petitioner has further alleged that his work and conduct has always been excellent and there was no reason for not providing fur ther work to the petitioner when the posts were lying vacant. THE petitioner has also alleged that the existence of the vacancy is established by the fact that the department has requisitioned for recruitment of 450 posts of Junior Engineers through U. P. Public Service Commission by advertise ment No. 5/91-92, contained in Annexure No. 9 to the Writ Petition.

(3.) I have heard the learned Counsel of the petitioner and the learned Standing Counsel.