RAFI ABBAS Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner for the following relief:

(2.) THE brief facts emerging from the writ petition are as follows:-

(3.) IN para 5 of the counter affidavit it has been stated that the petitioner was only engaged on casual basis as a waterman on fixed wages and it was further pleaded that petitioner did not work continuously but was engaged on casual basis from time to time as and when necessity arose. It was further pleaded that petitioner never worked or treated as daily wager on the post of Class IV employee and in the year 1998 when the necessity of engaging him ceased, he was discontinued. It was further pleaded in para 4 of the counter affidavit that there is no post of waterman existing as such the order dated 10.4.2002 can not be implemented. The supplementary counter affidavit was also filed by the respondents and in para 3 and 4 it was stated as follows:-