YOGESH SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) S. H. A. Raza, J. The petitioners have filed these petitions stating therein that they are Diplomaholders in Civil Engineering and are fully qualified for being appointed to the post of Junior Engineer (Civil) and accordingly their candidatures were con sidered and thereafter, they were given ap pointment to the post of Surveyor, which is also known as Junior Engineer, on daily wage of Rs. 20/- per day. The petitioner Yogesh Srivastava was given appointment in the Department of Construction Units (Road), PWD now known as Lok Nirman Vibhag, Rai Bareily on 14-5-1985. Sub sequently, the remuneration/daily wage rate was increased from Rs. 20 to Rs. 35 per day and the petitioner continuously worked and discharged duties to the said post for more than six years as a regular Junior Engineer, but even then his services were not regularised. He made several repre sentations and requested for his regularisation, but of no avail, hence he filed the present writ petition bearing No. 2605/1991 with a prayer that writ order or direction in the nature of mandamus be issued com manding the opposite parties to consider the regularisation of the petitioner's ser vices. On 29-4-1991, this Court passed an order to the effect that the opposite parties may consider the petitioner if he is other wise eligible for his regularisation and shall be paid his salary regularly at the rate of Rs. 35 per day.

(2.) BUT, despite the service of the aforesaid order, the opposite parties did not consider the petitioner for regulation of his services. Again, on 6-8-1992, a Division Bench of this Court passed an order to the effect that the opposite parties shall allow the petitioner to continue in service as Junior Engineer in Public Works Depart ment and the petitioner shall be paid salary with effect from 1-9-1992. It was also directed that the opposite parties shall con sider the petitioner for regularisation within three months, failing which, the petitioner shall be presumed to have been regularised, provided the petitioner has been working as daily wager on a regular post of Junior Engineer and provided that such a post is available.