UDAI PRATAP SHUKLA Vs. ZILA PARISHAD JHANSI

JUDGEMENT

(1.) BY means of the present petition under Article 226 of the Constitution of India, the petitioner prays for a writ, order or direction in the nature of mandamus commanding the respondents to regularise his services on the post of Junior Engineer in Zila Parishad, Jhansi, to pay arrears of salary with effect from June, 1989 In the pay scale admissible to the regularly appointed Junior Engineer in the Zila Parishad from the aforesaid date.

(2.) BRIEF facts relevant for resolving the controversy involved in the present case are that it was on 2.7.1984 Zila Parishad, Jhansi requested the Commissioner of the Jhansi Division for sanctioning two more posts of Junior Engineers In the Zila Parishad, on account of increase in the work load in the Zila Parishad. On 23.8.1984 Upper Mukhya Adhikari. Zila Parishad, Jhansi wrote a letter to the Principal, Government Polytechnic College, Jhansi for sending ten names from the merit list of the candidates holding Civil Engineering Diploma for appointment on the post of Junior Engineer. The said principal sent a list of the names of the meritorious candidates, in which name of the petitioner was also included petitioner along with other candidates appeared before the Selection Committee. The Selection Committee recommended the name of the petitioner for appointment as Junior Engineer on 18.9.1984. The District Magistrate approved the proceedings of the Selection Committee and the petitioner was directed to join on 19.10.1984. In pursuance of the aforesaid order the petitioner joined as Junior Engineer on daily wage basis on 26.10.1984 as by that time the additional posts of Junior Engineers were not sanctioned. It was on 9.1.1985 that the Commissioner, Jhansi Division, Jhansi sanctioned two more posts of Junior Engineers for the Zila Parishad, Jhansi. On receipt of the sanction of two additional posts of Junior Engineers from the Commissioner, Jhansi the Zila Parishad, Jhansi asked the name from the Employment Exchange, Jhansi for regular selection on the aforesaid newly sanctioned post of Junior Engineers. As many as 65 names were sent by the Employment Exchange, including the name of the petitioner. On 4.10.1985 the Zila Parishad, Jhansi issued interview letters to the candidates including the petitioner for appearing before the Selection Committee on 20.10.1986. For permanent appointment. As many as 25 candidates, including the petitioner appeared before the Selection Committee on 20.10.1986. The Selection Committee selected the petitioner for appointment on permanent post of Junior Engineer. However, in the meanwhile, before the appointment letter was issued to the petitioner a radiogram dated 18.2.1987 was received in the Zila Parishad, Jhansi from the Government, which reads as under: The Posts of Junior Engineers and Ayurvedic Doctors are being included in Central Transferable Cadre of Zila Parishad Shortly (.) Thus no appointment is to be done nor these Posts henceforth under any circumstances (.) Intimate Total Number of Existing Posts Indicating vacancies against them in your Zila Parishad urgently (.). Sd. (G. S. Srivastava) Under Secretary."

(3.) IT may also be noted that by U. P. Zila Parishad (Central Transferable Cadre) (Fifth Amendment) Rules, 1987 the post of Junior Engineers was included In Central Transferable Cadre of Zila Parishad with effect from 1.5.1987.