Vineet Saran, J. - (1.) The petitioner was initially appointed as a Fireman in the Public Works Department at Ballia on work charge basis. From 26.8.1966 to 28.2.1977 the petitioner worked as Fireman-cum-Cleaner. With effect from 1.3.1977 the petitioner claims that he was officiating as Roller Driver. However, his regular appointment was made in the year 1978 on the post of Roller Fireman. Since the petitioner claims that he had actually been working on the post of Roller Driver from 1.3.1977, by means of this writ petition he has prayed for a direction to the respondent No. 4 to pay the difference .of salary to the petitioner treating him to be working on the post of Roller Driver with effect from 1.3.1977 and continue to pay him on the said post of Roller Driver regularly month by month. A further prayer has been made for quashing the order dated 11.12.1991 whereby the Respondent Nos. 5 and 6, who are work charge employees, had been promoted as Roller Driver. However, since in the counter affidavit it has been stated that the said order dated 11.12.1991 had been withdrawn by the respondents themselves, as such the said prayer has already exhausted. By means of an amendment application a further prayer has been added in the writ petition for quashing the order dated 25.3.1988 whereby, although the petitioner was asked to officiate as Driver, restriction had been imposed for claiming the benefit of the post of Driver.
(2.) The only prayer which the learned Counsel for the petitioner has now pressed before me is for payment of difference of salary of the petitioner on the post of Roller Driver with effect from 1.3.1977 and also for payment of current and future salary on the post of Roller Driver.
(3.) I have heard Sri A.K. Shukla, learned Counsel for the petitioner as well as Sri C.P. Gupta, learned Standing Counsel appearing for Respondent Nos. 1 to 4 and have perused the record. Although Respondent Nos. 5 and 6 are also represented through Counsel, but none has appeared on their behalf at the time of hearing.;