- (1.) HEARD Sri Veer Singh, for the petitioner and Standing Counsel, for the respondents.
(2.) THE writ petition has been filed for a mandamus directing the respondents to regularize the service of the petitioner as class IV employee (Sweeper) in State of U.P. and to pay arrears of salary from September, 1990 as payable to regular class IV employees.
(3.) A new office of Sub -Divisional Officer, Dhampur, district Bijnor was established in the year 1986. Since then the petitioner was engaged as sweeper by Sub -Divisional Officer, Dhampur. Sub -Divisional Officer, Dhampur through his letter dated 08.02.1990 requested District Magistrate for appointment of a sweeper. District Magistrate, by appointment letter dated 02.03.1990 appointed the petitioner, on the post of sweeper on part time basis, on a consolidated salary of Rs. 76/ - per month. Since then the petitioner has been continuously working there. District Magistrate wrote letter dated 24.01.1992 to Commissioner and Secretary, Board of Revenue U.P. at Lucknow for creation of a permanent post of 'Sweeper' for the office of Sub -Divisional Officer, Dhampur. Commissioner and Secretary, Board of Revenue U.P., through letter dated 16.03.1992 called for a details in the proforma as prescribed in Board of Revenue Order No. 6329/12 -9Dhi/91 dated 20.04.1991. District Magistrate submitted the required information on 12.03.1993 to Board of Revenue U.P. at Lucknow. Thereafter a reminder was also issued on 07.09.1993. Commissioner and Secretary, Board of Revenue U.P. Lucknow, through letter dated 08.02.1994 forwarded the papers for creation of a permanent post of sweeper for the office of Sub -Divisional Officer, Dhampur. Since delay has occurred in creation of the post Sub -Divisional Officer, Dhampur through letter dated 07.03.1995 requested the District Magistrate to appoint the petitioner as daily wage employee in stead of part time employee. The petitioner also wrote a representation for giving salary of the regular post of class IV employee on 07.03.1995. The petitioner also filed Claim Petition No. 2135 of 1995 before State Public Service Tribunal U.P. at Lucknow, which was dismissed by order dated 13.02.1996. Hence this writ petition has been filed.;