- (1.) HEARD Mr.S.C.Yadav, learned counsel for the petitioner as well as learned Standing Counsel.
(2.) THROUGH the instant writ petition the petitioner has challenged the order dated 21st of March, 2007, passed by the State Government, whereby the petitioner's claim for absorption as Class -III employee has been rejected.
(3.) THE facts in brief as set out by the petitioner are that initially he was appointed on 1.11.1992 as junior clerk/typist and also to discharge the duty of work supervisor. But in the month of December, 1998 his services were terminated alongwith others. Being aggrieved with the order of termination the petitioner and four others preferred the writ petition being writ petition No.728 (SS) of 1999 before this court. This court by means of order dated 20.12.1999 provided the benefit of order passed in writ petition No.8148 of 1990 in favour of the petitioners. This court made the following observation: - "By means of this petition, the petitioner prays for issuance of a writ, order or direction in the nature of mandamus directing the respondents to treat the petitioners in continuous service and allow them to work as usual on the post (Class III) of Clerk -cum -Typist -Junior Assistant. Admittedly, similar controversy as is involved in the present case, has been dealt with and decided finally in Writ Petition No.8148 of 1990, reported in 1993 HVD -Allahabad Vol.4 page 69. The said decision was affirmed by the Hon'ble Supreme Court. This petition is, therefore, disposed of in terms of the said decision in writ petition No.8148 of 1990. The petitioners shall be entitled to the benefits provided in the aforesaid decision." Despite the aforesaid direction the petitioners were given appointment on class IV post vide order dated 5th of December, 2000. On 15th of November, 2003 the opposite party No.3 sought approval from Superintending Engineer for their appointment on class -III post. In turn the Superintending Engineer sought the direction from the Chief Engineer, Rural Engineering Services, who further asked the directions from the State Government. Since the petitioner as well as Mr.Hira Lal Bharti both had joined in the said writ petition as petitioners both of them were allowed to work as Class -IV employees. However, since the court had extended the benefit of order passed in Writ Petition No.8148 of 1990, whereby the petitioner of the said writ petition was given the benefit of appointment on Class -III post, the petitioner's further represented through representation dated 10.11.2003 to the Executive Engineer, Rural Engineering Services, Varanasi Division for their absorption on Class -III post. The Executive Engineer sought the legal advice from the District Government Counsel (Civil), Varanasi, who on 13th of November, 2003 advised him to regularize their services on Class -III post as they had been working as Class -III employee and it was also a dictum issued by this court in the writ petition filed by them. Thus on the basis of legal opinion the Executive Engineer, Rural Engineering Services, Varanasi Division through his letter dated 15.11.2003 written to the Superintending Engineer of the same Division recommended the case of petitioner as well as Mr.Hira Lal Bharti to regularize them on Class -III post pursuant to the order passed by this court.;