- (1.) THE present petition has been filed for the following relief; (i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents that they should regularize the service of the petitioner, since the date the juniors have been regularize. (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents that they should pay salary, all emoluments and service benefits to the petitioner w.e.f. Junior engineer have been getting. (iii) Issue a writ, order or direction in the nature of certiorari quashing the order dated 10.07.1997 (Annexure 9) passed by the District Magistrate, Deoria. (iv) Issue a writ, order or direction which the Hon'ble Court may deem fit and proper under the facts and circumstances of the case. (v) Allow the writ petition with cost to the petitioner.
(2.) THE allegation in the present petition is that petitioner was appointed as Assistant Wasil Baki Navis on 16.04.1985 on seasonal basis and since then he is functioning on the aforesaid post. The present petition was filed in the year 1997, challenging the order dated 10.07.1997 passed by the District Magistrate, Deoria, respondent no.2, whereby his claim for his regularization was rejected.
(3.) I have heard learned counsel for the petitioner at length and the Standing Counsel appearing for the respondent nos.1 and 2. On 01.05.2001 notices were issued to the respondent nos.3 and 4. However, as per the office report dated 08.06.2001 and 31.08.2001 no steps were taken by the petitioner to serve the notice to the respondent nos.3 and 4. Since the default is on part of the petitioner in not taking steps for serving the respondent nos.3 and 4 and since the present petition has been listed for disposal under the group of cases likely to be infructuous (without objection), I proceeded to hear the matter and reserved the judgment on 04.04.2014.;