RAKESH TIWARI,J. - (1.) HEARD the Counsel for the parties and perused the record.
(2.) THE petitioner was appointed on the post of Work Supervisor in the P.W.D. Office at Banda w.e.f. 26 -10 -1989 as a daily wage employee for a period of three months. He was thereafter, engaged from time to time for a specified period of three months in the exigency of work and his services came to an end in October, 1992. The petitioner has Diploma in Civil Engineering. He contends that as he had continuously worked for more than 240 days without any break in the service during the period 26 -10 -1989 to 25 -3 -1994, and claimed that he is entitled for regularisation, he submits that respondents have not engaged him after 25 -3 -1994 which is illegal, arbitrary and without jurisdiction as the respondents have failed to act in accordance with law and the directions given by the State Government. In the petition, he has prayed for issuance of a writ, order or direction in the nature of mandamus directing the respondents to appoint him on the post of Work Supervisor in the office of the P.W.D. District Banda and further for payment of his back wages and salary regularly.
(3.) AT the time of admission of the petition, this Court passed the following order on 18 -9 -1995: By means of present writ petition, petitioner has prayed for regularisation of service. Admittedly, today the petitioner is not working as such, the question of granting any interim order of status quo, regarding the services of the petitioner does not arise at this stage. Counter -affidavit is to be filed within three weeks from today. Rejoinder affidavit, if any, may be filed within another period of one week. List this writ petition after the completion of affidavits before the appropriate Court. As the learned Standing Counsel is not appearing today, petitioner's Advocate is directed to communicate the aforesaid order/direction to the Standing Counsel as well as the respondent Nos. 2, 3 and 4". ;