A.K.Yog - (1.) -Shri Ashok Kumar, petitioner, has filed this writ petition under Article 226, Constitution of India claiming following prayers : "(i) issue a writ, order or direction in the nature of mandamus commanding the respondents to regularise the petitioner daily rated appointment on the post of Assistant Cashier falling under Group 'C' as per the mandate of the U. P. Regularisation of Daily Wages Appointment on Group 'C' Posts (Outside the Purview of U. P. Public Service Commission) Rules, 1998. (ii) issue a writ, order or direction in the nature of mandamus commanding the respondents not to interfere with the petitioner's daily wages appointment on the post of Assistant Cashier till petitioner's daily wages appointment is regularised into regular appointment on the post of Assistant Cashier under the aforesaid Rules, 1998. (iii) issue a writ, order or direction in the nature of ad-interim mandamus commanding the respondents to regularise the petitioner's daily wages appointment to regular appointment on the post of Assistant Cashier forthwith and not to interfere with petitioner's daily wages appointment on the post of Assistant Cashier except in accordance with law. (iv) issue a writ order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case. (v) award cost of the petition to the petitioner."
(2.) UNDISPUTED, facts of the case, relevant for deciding the controversy in the present petition, are being noted hereinafter. Petitioner passed U. P. Board Intermediate Examination in the year 1989 with Mathematics. Petitioner subsequently passed Intermediate with Accountancy Examination conducted by the U. P. Board in the year 1998. Secretary, U. P. Board, in his letter written to the Senior Treasury Officer, Bijnor, dated 9.2.1999, certified that the petitioner had passed Intermediate with Accountancy subject which was equivalent to have passed Intermediate Examination with Audit and Accounts course. (Annexure-8 to the writ petition). Petitioner was engaged as daily-wager to discharge duties as Assistant Cashier, Cash Branch, in the Treasury Office at Bijnor.
(3.) PETITIONER, as daily-wager, worked for the following periods : (i) 9.2.1991 to 27.8.1991 (ii) 3.9.1991 to 6.4.1995, and (iii) 21.9.1995 to date. Learned counsels for the parties submitted that regular appointment on the post of Assistant Cashier could be done under Uttar Pradesh Koshagar (Rokad Shakha) Lipik Varg Sewa Niyamawali, 1987.;