- (1.) IT is stated that the petitioner no.1 was appointed as part time sweeper on 30.7.2004 and petitioner no.2 on 5.8.2004 on contract basis for a consolidated and fixed pay of Rs.2000/ - per month in the District Judgeship, Jaunpur and it is stated that though the appointments of the petitioners were made as part time sweeper but they are working as full time sweeper and are engaged for whole day work in the Judgeship. By this petition, they have sought a writ of mandamus directing the respondents to convert their post into full time and also pay salary in regular pay scale admissible to the Class IV employees in the Judgeship. In this connection a reference can be made to a letter of District Judge, Jaunpur dated 15.2.2006 to the Registrar General, High Court, Allahabad, wherein it has been stated that although the petitioners are appointed as part time sweeper but they are working full time. It has also been stated in the said letter that having regard to the increase of work a demand for sanction of two more permanent posts of full time sweeper has already been made by the District Judge Jaunpur vide letters dated 4.3.2005 and 3.6.2005. In another letter dated 26.7.2007 addressed to Registrar Budget, High Court, Allahabad the District Judge, Jaunpur has again stated that though the petitioners are engaged as part time sweeper on contract basis but they are working like regular sweeper for last three years and are discharging their duties sincerely. It was further requested by the said letter that in prevailing facts and circumstances of the case having regard to the increase and bulkiness of work these two posts of part time sweeper should be sanctioned on regular basis as permanent posts.
(2.) THE aforesaid letters of District Judge, Jaunpur have been brought on record as Annexure -I and II of the supplementary affidavit filed by the petitioners in instant writ petition. The same are quoted as under: - .........[vernacular ommited text]........... In the supplementary counter affidavit filed on behalf of Judgeship the factum of sending of aforesaid letters dated 15.2.2006 and 26.7.2007 by the District Judge, Jaunpur to the Registrar General and Registrar Budget, High Court, Allahabad and contents of said letters have not been disputed/denied by Sri Firtu Ram, Senior Administrative Officer, District Judgeship, Jaunpur who has filed supplementary counter affidavit on 25.4.2013 in reply to the said supplementary affidavit. However, it has been stated that no permanent post of sweeper has been created or sanctioned by the High Court and only part time sweepers are allowed to work by the Hon'ble High Court, on which the petitioners are working. In para 6 of the supplementary counter affidavit it is further stated that the petitioners are merely performing their part time duty in the Judgeship and they are getting payment in respect of their part time job Rs.2000/ - per month as consolidated payment as per the Government Order dated 19.10.2000, under which the petitioners have been engaged by two orders dated 30.7.2004 and 5.8.2004 respectively on contractual basis. The petitioners were appointed neither on any regular post nor they appeared in any process of regular selection, as such for these reasons they are not entitled to get the same salary which is admissible to the regular Class IV employees of the Judgeship.
(3.) FROM a careful reading of letters of District Judge, Jaunpur dated 15.2.2006 and 26.7.2007 addressed to the Registrar General and Registrar Budget, High Court, Allahabad extracted herein before, it is clear that by the said letters the District Judge has clearly stated that although the petitioners are appointed as part time sweeper but they are working as regular and full time sweeper very sincerely and efficiently for last three years. The factum of sending of the aforesaid letters by the District Judge, Jaunpur on 15.2.2006 and 26.7.2007 to the Registrar General and Registrar Budget, High Court and contents thereof have not been disputed and denied by the respondent in the supplementary counter affidavit, therefore, in such situation it is very difficult for this Court to accept the averments of supplementary counter affidavit that the petitioners are not working as full time sweeper in the Judgeship contrary to the contents of aforesaid letters of District Judge. Accordingly, the statement of District Judge, Jaunpur has to be accepted and averments contrary made in the supplementary counter affidavit filed by Senior Administrative Officer, Jaunpur has to be rejected.;