RAKESH TIWARI,J. - (1.) BY means of this writ petition, a prayer has been made for issuance of a direction in the nature of mandamus commanding the respondents to regularize the services of the petitioner as Work Meth, on Class IV post in Public Works Department, Banda and to pay him regular salary admissible to a Class IV employee. It has further been prayed that he should not be removed from the service on artificial grounds.
(2.) THE brief facts giving rise to this writ petition are that the petitioner was appointed as Work Meth, a Master Roll employee in Public Works Department, Banda and had worked up to 31 -12 -1980. It is alleged that in order to deprive the benefits of regularisation the petitioner was desequated as daily wager and was attached with contractors. The claim of the petitioner is that since he has completed 8 years of service and has worked more than 240 days in each calendar year, he is entitled for being made regular. In para 4 of the writ petition it is alleged that juniors to him who also worked similarly have been regularized. The petitioner is aggrieved as the office of respondent No. 2 has issued a list showing the working days. Thereafter the petitioner is working since 1 -1 -85 but has been shown junior to the employees mentioned in para 4 of the writ petition though, he is senior to all of them and is entitled for regularisation. It is further alleged that even though the name of the petitioner was placed in list (Annexure -2 for being regularized as Class IV employee, due to pressure of the respondent No. 2 and Establishment Clerk, his name has been struck off after sanction and he was not regularized. It is alleged by the petitioner that several hundreds of posts of Beldar and Work Meth are lying vacant and he can be absorbed as regular employee, still he is being kept as daily wager.
(3.) IT has been contended by the learned Counsel for the petitioner that non -regularizing the services of the petitioner arbitrary and discriminatory and is against the provisions of Articles 14 and 16 of the Constitution of India. He further contends that since the petitioner has become overage he cannot be employed in any other Government department.;