N.K.Mehrotra, J. - (1.) THIS is the writ petition under Article 226 of the Constitution of India for issuing a writ of mandamus commanding the opposite parties to allow the petitioner to work on the post of Pump Operator on which the petitioner was working w.e.f. 7.12.2001.
(2.) ACCORDING to the petitioner, he was appointed as Class III employee as Pump Operator at Pump No. 2 Shahabad in Nagar Panchayat Manikpur, Pratapgarh on 7.12.2001. In support of his allegations he has filed a certificate issued by the opposite party No. 2, Chairman, Nagar Panchayat Manikpur, District Pratapgarh (Annexure-3). Admittedly, he is not working with effect from 18.7.2003. It is also admitted that a single penny has not been paid from the date of appointment, i.e., 7.12.2001. It is also alleged that the pump on which he was working has been auctioned on 10.2.2003 and he has been restrained from work with effect from 18.7.2003. He has moved a representation but till date no decision has been taken by the opposite parties. The petitioner has also filed a copy of the advertisement for filling two posts of Junior Clerks and one post of Class IV to show that the posts are lying vacant. It is alleged that the petitioner had worked for 18 months but his services have not been regularised. After hearing the learned counsel for the petitioner, I find that there is nothing on record to substantiate the allegations of the petitioner that he was appointed on Class III post as Pump Operator on 7.12.2001. The petitioner has relied on Annexure No. 3 which is a certificate issued by the Chairman, Nagar Panchayat Manikpur, District Pratapgarh authorising the petitioner to run the pump and note the duration during which a farmer takes water from that pump. Annexure No. 4 is again an order of Shri Chhotey Lal Jaiswal, Chairman, Nagar Panchayat Manikpur, District Pratapgarh by which the petitioner has been directed to start the pump for ten minute daily for drinking water. Besides these two documents, no other document has been filed, I am of the view that there is no appointment letter issued in favour of the petitioner by the competent authority of the Nagar Panchayat, Manikpur district Pratapgarh. The orders are authenticated by he Executive Officer of the Nagar Panchayat, Manikpur district Pratapgarh. The Chairman of the Nagar Panchayat, being an elected representative of the people of the area, has no authority to issue such orders directly. Whatever the orders are issued officially, those orders are to be authenticated by the Executive Officer of the Nagar Panchayat. Since, there is no valid appointment in favour of the petitioner, he has no substantive right to claim his appointment or the salary of the post. There is no allegation that there is any sanctioned post of the Pump Operator. Admittedly, the petitioner is not working since 18.7.2003 and the pump on which he was performing the alleged duties by the personal order of the Chairman had already been auctioned. Therefore, the writ petition is not maintainable.
(3.) IN view of the facts and circumstances stated above, the writ petition is dismissed.;