SUDERSHAN PRASAD Vs. PATNA MUNICIPAL CORPORATION

JUDGEMENT

(1.) V.N. Sinha,J Heard learned counsel for the petitioner and the Patna Municipal Corporation(hereinafter referred to as the Corporation).

(2.) Petitioner was initially engaged with the Corporation as Meth but was regularized as Safai Majdoor along with others under office order No.15 bearing Memo No.52 dated 18.1.1984, Annexure-7.

(3.) It is submitted on behalf of the petitioner with reference to the averments made in paragraphs-9 and 23 of the writ petition that even prior to his regularization on the post of Safai Majdoor petitioner is performing the duties of Sanitary Supervisor in compliance of the order bearing Memo No.863 dated 10.5.1983, Annexure-6. Even on date he is discharging the duties of the Sanitary Supervisor. Notwithstanding the fact that petitioner is discharging the duties of the Sanitary Supervisor with effect from 12.5.1983 he is being paid salary and emoluments of the post of Safai Majdoor, which is arbitrary, infracting Articles 14, 23 of the Constitution of India, petitioner is required to be regularized on the post of Sanitary Supervisor and paid arrears of difference of salary of the said post.