KAMAL Vs. MUNICIPAL BOARD JHALAWAR

JUDGEMENT

(1.) PETITIONER Kamal, a Safai Karamchari in the Municipal Board, Jhalawar (hereinafter shall be referred to as ``the Board''), has filed this writ petition under Article 226 of the Constitution of India and praying for quashing and setting aside the order dated 18. 08. 1993 (Annexure-10) whereby the services of respondent No. 3 Rajesh Gupta have been regularised on the post of Driver with effect from 18. 8. 1993.

(2.) THE facts of the case are that the petitioner was initially appointed on the post of Safai Karamchari on daily wages. Vide order dated 8. 2. 1982 (Annex. 1) he was given regular pay scale by appointing him on temporary basis for a period of two years as Safai Karamchari. His services were later on confirmed by the Board. THE petitioner knows driving and holds a valid driving licence issued on 4th of July, 1983 by the Trans- port Authority for driving light motor vehicle, transport vehicle and tractor. THE petitioner alleged that the Board has taken from him from time to time the work of driving tractor. His work as a driver was highly appreciated by his superiors and for this he has produced a certificate issued by the Executive Officer of the Board in his favour.

(3.) REPLY to the petition has been filed both by respondent No. 1 as well as the respondent No. 3.