- (1.) HEARD Sri Shiv Ram Dubey, for the petitioner and Standing Counsel, for the respondents.
(2.) THE writ petition has been filed for issue of mandamus directing the respondents to pay dues relating to arrears of salary and Contributory Provident Fund along with interest @ of 9% per annum to the petitioner and directing the respondents to absorb the petitioner on the post of 'Driver' of Government vehicles.
(3.) THE offices of District Cane Officer in U.P. are provided facility of vehicles from the fund collected through contribution of Sugar Mills, Cane Co -operative Development Societies and Cane Development Corporation U.P. The drivers of such vehicles are not the employees of State of U.P. or Cane Development Corporation U.P. The drivers of contributory vehicles are paid salary from the fund so collection through contribution. The petitioner was appointed as 'Driver' on the contributory jeep by District Cane Officer, Basti through appointment letter dated 07.09.1975. In pursuance of the appointment, the petitioner was discharging his service as 'Driver' on the contributory jeep and attained age of superannuation in September, 2011. The petitioner filed Writ petition No. 15933 of 2001 for his absorption on the post of 'Driver' in State of U.P./Cane Development Corporation U.P. The writ petition was disposed of by order dated 27.04.2001, directing Cane Commissioner U.P. to decide the representation of the petitioner. Cane Commissioner U.P. by order dated 21.09.2001 held that a 'Driver' of contributory scheme cannot be absorbed as 'Driver' in State of U.P./Cane Development Corporation U.P. The petitioner did not challenge the order of Cane Commissioner U.P. dated 21.09.2001 at that time.;