- (1.) This writ petition under Article 226 of the Constitution of India has been filed by the petitioner with the following prayer:- (i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 16.07.2016 and order dated 20.11.2015 passed by the respondent no.3 in rejecting the claim of the daily wager sweeper of the petitioner. (ii) Issue a writ order or direction in the nature of mandamus directing the respondent authorities to treat the petitioner as daily wager sweeper from part time sweeper in pursuance of the circular dated 01.11.1999 made by the Chief Engineer, U.P. P.W.D., Lucknow in the department and to give all the benefits to the petitioner since the date on which Junior has been benefited in the department. (iii) Issue any other suitable writ, order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances existing in the present case. (iv) Award the cost of this writ petition in favour of the petitioner throughout.
(2.) Learned counsel for the petitioner argued that the petitioner was appointed and performing his duties as part-time sweeper in the department since 10.07.1998 and has been allowed to work time to time in Government residential colony of the department, in this regard experience certificate dated 30.08.2007 was issued by the Assistant Engineer, Nirman Khand-1, P.W.D., Banda.
(3.) Learned counsel for the petitioner further argued that the Engineer-in-Chief U.P. Lok Nirman Vibhag, Lucknow issued a circular on 01.11.1999 to ensure for making appointment of part-time sweeper and other Class-IV employees on the post of Daily Wager Employee for the purpose of regularization in the Public Works Department, copy of the circular dated 01.11.1999 is annexed as Annexure No.1 to the writ petition. After the above circular, the petitioner moved an application on 04.01.2002 before the respondent no.3-Executive Engineer, Nirman Khand-1, P.W.D. Banda for getting appointment on the post of Daily Wager Employee in the department and on the application of the petitioner the Superintending Engineer, Banda Circle, P.W.D. Banda wrote a letter dated 06.05.2002 to the Engineer-in-Chief, Viyav "ga" Verg, P.W.D., Lucknow with the request grant of permission to appoint the petitioner on daily wager in the department but no action was taken by the respondents for appointing the petitioner on daily wager basis.;