Narayan Shukla, J. - (1.) HEARD Mr. Alok Misra, learned counsel for the petitioner as well as learned Standing Counsel and perused the record.
(2.) THROUGH the instant writ petition, the petitioner has challenged the order dated 10.05.2000 (Annexure No. -1 to the writ petition) whereby the petitioner's representation to maintain his seniority amongst the junior engineers has been rejected on the ground that the petitioner was appointed as a 'Daily Wage Works Supervisor', which is not equivalent to the Junior Engineer. Moreover the post of Junior Engineers comes within the purview of State Public Services Commission. The brief facts as set out by the petitioner are that the petitioner was appointed as Junior Engineer on 24.03.1983 in the Public Works Department under the World Bank Population Project Scheme. The petitioner possesses the qualification of diploma in Mechanical Engineer. After he was appointed on work charge post vide order dated 28.01.1984 on the basis of consolidated salary of Rs. 500/ - per month, the appointment order was issued by the Deputy Director, 2nd India Population Project Construction Division -I, Mirzapur. On 16.01.1985 he was regularized in service by the Chief Engineer, Eastern Zone, Public Works Department, Varanasi thereafter vide order dated 28.02.1984, he was recommended to be appointed in the regular work charge establishment to work as Junior Engineer. On 22.1.1985 the petitioner was transferred from Mirzapur to Basti and he joined thereat on 23.01.1985. On 31.05.1986 he was terminated from service. Being aggrieved with which he filed a writ petition being writ petition No. 4287/1986 (Anil Kumar Verma v. State of U.P. & others). This Court quashed the order of termination, therefore, the petitioner submitted a representation for his absorption in the Public Works Department like others but the same was rejected vide Office Memorandum dated 15.02.1992. However, the State Government vide order dated 20.04.1992 directed the Engineer -in -Chief, Public Works Department to absorb the petitioner on the post of Junior Engineer (Mechanical) in the department. Vide order dated 28.04.1992 the Chief Engineer, Public Works Department issued direction to appoint the petitioner on the post of Work Supervisor on daily wage basis at the rate of Rs. 35/ - per day. Being aggrieved with which the petitioner further made a representation before the higher authorities and further he preferred a writ petition for payment of equal pay for equal work being writ petition No. 2860(S/S) of 1995 (Anil Kumar Verma V. State of U.P. & others). This Court vide order dated 17.08.1995 issued direction to give him the benefit of orders dated 24.03.1993 and 30.08.1993 passed by this Court in another writ petition No. 27367 of 1991.
(3.) IT is stated that thereafter the petitioner started getting salary of the post of Junior Engineer pursuant to the order of this Court passed in writ petition No. 2860(S/S) of 1995. The petitioner further moved an application for modification of order dated 17.08.1995 to allow him to work as Junior Engineer and pay him salary regularly but no order was passed on the said application. It is also stated that he was given revised pay scale of the post of Junior Engineer vide order dated 25.06.1998. However again on 30.09.1999, the opposite party No. 3 i.e. Superintendent of Works, Temporary Divisional Construction Unit (Electrical & Mechanical), Public Works Department, Lucknow issued direction to pay him salary of the post of Works Supervisor.;