R.B.MISRA, J. - (1.) IN the present writ petition, the petitioner has sought writ of mandamus commanding the respondents to consider the case of the petitioner to appoint him on regular basis as a permanent employee and to declare appointment letter dated 18.12.1997 passed by Superintending Engineer, Firozabad Circle, P.W.D., Agra as cancelled by which the petitioner was appointed as a 'Beldar' on daily wage.
(2.) HEARD Sri Dharmesh Chaturvedi, learned Counsel for the petitioner as well as Sri B.K. Pandey, learned Standing Counsel for the State. No counter and rejoinder affidavits have been filed, however, as agreed by the parties this petition is being decided finally at this stage according to the Rule 2 of the Chapter XXII of the Allahabad High Court Rules, 1952. The brief facts necessary for adjudication of the case are that the petitioner's father late Natthu Ram had worked initially as work charge employee in construction Division, P.W.D. Firozabad but later on was regularised by order dated 14.2.1996 of Superintending Engineer, Agra/Firozabad Circle, P.W.D. Agra, however, as on irony of fate he died six days later i.e., on 20.2.1996 and an application on behalf of the petitioner/son has been filed before the concerned authority seeking employment on the compassionate ground under U.P. Recruitment of Dependent of Government Servants Dying-in-Harness Rules, 1974 (hereinafter referred to as the 'Rules, 1974'). When the request of the petitioner was not acceded to; the petitioner filed a Writ Petition No. 3441 of 1997 (Rajesh Kumar v. Superintending Engineer and another) before this Court and this Court by its order dated 28.1.1997 has been pleased to disposed of the same with direction to the respondents to decide the case the petitioner within a stipulated time. In compliance to the above order, the petitioner was given appointment to the post of 'Beldar' on daily wage by order dated 11.2.1997 of Superintending Engineer on compassionate ground under the above 'Rules, 1974'.
(3.) BEING aggrieved the petitioner has again agitated and has come before this Court by way of the present writ petition saying that his appointment should be made only on permanent basis not as Beldar on daily wage. For this purpose the petitioner has placed reliance on the judgment dated 10.1.2002 of this Court passed in Writ Petition No. 2253 of 1997 where it has been held hat the appointment of petitioner under 'Rules, 1974' should have been made on permanent basis.;