A.K. Yog, J. - (1.) Heard Shri Dhananjai Prasad on behalf of the Petitioner and Shri R.P. Rai, holding brief of Shri S.C. Rai and perused Writ Petition, Counter Affidavit filed on behalf of all the Respondents and the Rejoinder Affidavit in reply to the same.
(2.) The admitted facts of the case are that Petitioner was engaged as Meter Reader in the Water Works Department of the Nagar Palika, Ballia on daily wages on 02nd April 1988 by the Executive Officer, Nagar Palika Parishad, Ballia/Respondent No. 3, as stated in Para 1 of the Writ Petition. Petitioner continued to work since the date of his engagement as Daily Wager. Vide Government Order dated 09th January 1992, such employees, who had completed three years service (with 240 days in each year) and were continuing as such on 11th October 1989 were regularised and absorbed. Vide Government Order dated 26th June 1992, (Annexure-2 to the Writ Petition) all local bodies were directed not to make fresh appointment against any sanctioned available posts until those Daily Wagers, who were working on 11th October 1989, had worked for three years (with 240 days each year) were regularised. Adhering to the Rules of reservation, it again provided for fresh appointment could be made when no eligible Daily Wager was available. Petitioner, admittedly, could not be regularised under Government Order dated 09th January 1992. He has been, admittedly continued as Daily Wager as contemplated under Government Order dated 10 October 1994 (Annexure-3 to the Writ Petition).
(3.) The Petitioner made several representations to the Respondents for regularising his services as well as for being absorbed on the post of Clerk which had fallen vacant, probably under a bona fide belief that he could be absorbed against the post of Clerk, inasmuch as, according to him, at least three Clerks had retired as a consequence of three permanent posts of Clerks were rendered vacant (See Para 6 of the Writ Petition). Petitioner placed reliance on Government Order dated 23rd September 1978 (Annexure-4 to the Writ Petition), which only provided that a Meter Reader could be required to do such other work as that of a Clerk and vice versa. The tenor of the pleading in the Writ Petition as well as the contention of the Petitioner in his representations (copies of which have been filed as Annexure-13,14,15, 16 and 17 to the Writ Petition) shows that Petitioner laboured under an impression that posts of Meter Reader and Clerk were made inter-changeable. Above referred Government Order dated 23rd September 1978 does not support above contention of the Petitioner.;