(1.) The present petition has been filed for issuance of a writ in the nature of mandamus directing the respondents to modify the order dated 16.10.2006, whereby, the services of the petitioner were regularized w.e.f. 01.10.2003, whereas, it should have been regularized w.e.f. 01.02.1996.
(2.) Learned counsel for the petitioner submits that the case of the present petitioner has wrongly been rejected, which is in violation of Articles 14 and 16 of the Constitution of India. Learned counsel also submits that case of one Mahlo Devi was considered from the back date like the case of the present petitioner but the claim of the present petitioner has been rejected only on the ground that the post was not sanctioned as has been mentioned in the impugned order of rejection.
(3.) Learned counsel for the petitioner has also relied upon the judgment of Division Bench of this Court in case Hari Om and another vs State of Haryana and others, 2003 2 SCT 507.