SANJAY KUMAR SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) THIS petition has been filed for quashing the order dated 17th May, 2001 by which the District Magistrate, Kushinagar rejected the representation filed by the petitioner for payment of salary.

(2.) THE petitioner claims that he was appointed as Class IV employee on temporary basis in Nazarat, Tehsil Padrauna by the order dated 23rd February, 1995 issued by the Sub-Divisional Magistrate, Padrauna. On the basis of the said order, he joined his duties but salary was not paid to him at all. He filed various representations and when nothing was done, he filed writ petition in this Court being Writ Petition No. 20270 of 1995 which was disposed of on 19th April, 2000 with a direction to the District Magistrate to examine whether the petitioner was appointed or not and if the petitioner was legally appointed then to pay his salary.

(3.) THE District Magistrate by the order dated 17th May, 2001 has rejected the representation filed by the petitioner mentioning therein that any file relating to the appointment of the petitioner is not available in the office of Tehsildar or the District Magistrate. It has further been stated that the provisions of Class IV Service Rules, 1975 (hereinafter referred to as the ''1975 Rules') dealing with such appointments of Class IV employees have not been followed as neither any advertisement was issued nor the Selection Committee was constituted. He has also observed that the appointment of the petitioner appears to be fraudulent and so it is not possible to make any payment to him.