N.K. Mehrotra, J. - (1.) This is a writ petition for issuing a writ in the nature of certiorari for quashing the termination of services of the petitioner by oral order and a mandamus commanding the opposite parties to reinstate the petitioner as Junior Engineer in the Establishment of Rural Engineering Services and to extend the benefit of the judgment dated 21-7-1993 passed in Writ Petition No. 8148(S/S) of 1990.
(2.) The case of the petitioner is that he was engaged as Work Charge Diploma Holder Employee in the department of Rural Engineering Services as Junior Engineer on a consolidated salary of Rs. 300/- per month from 10-10-1994 to 31-12-1995 but these dates are incorrect as is clear from Annexure No.4 to the writ petition. This period is between 10-10-1984 to 31-12-1985. Admittedly no written order of appointment was given. The petitioner claims the benefit of the judgment in a bunch of writ petitions in which the leading case is writ petition No. 8148 of 1990 decided on 21-7-1993. This bunch of writ petitions relates to different category of the employees working as Work Charge employee in different projects. Admittedly, the petitioner was appointed, as Junior Engineer during the period from 10-10-1984 to 31-12-1985 and since then he is not in the employment. It is also admitted that the post of the Junior Engineer is within the purview of the State Public Service Commission and the petitioner was given appointment by the Superintending Engineering for a fixed period. The relevant portion applicable in the case of posts within the purview of the State Public Service Commission in the judgment dated 21-7-1993 (Annexure No.5) is as follows : " I further clarify that those petitioners whose posts come within the purview of State Public Service Commission, deserve for regularisation of their services by recruitment through Public Service Commission for vacancies other than the employment under the project and as and when such vacancies arise and are duly notified, the claim of the petitioners will be considered for appointment subject to their satisfying the requisite qualifications, prescribed thereunder by the Rules, and the opposite parties would not stand in the way of regularisation of their services. It would be open to the State Public Service Commission to consider, if any weightage would be available to them for their past services for which no direction is warranted. The continuity of service of the petitioners would be taken into account for over-coming the age bar. It is further provided that all vacancies which would occur henceforth, shall ordinarily be filled up by regularising the employees like the petitioners who were engaged by the department of RES and as and when that would not be possible for some reason, on temporary basis, deputationists may be accepted from the other department, but it would be ensured that no deputationist would function for not more than six months. "
(3.) The writ petition has been opposed by filing the counter affidavit on the ground that since the post of the Junior Engineer is within the purview of the State Public Service Commission, the petitioner cannot be given regular appointment. The appointment of the petitioner was given by the Superintending Engineer and without selection by the State Public Services Commission. Since, it was an appointment for a fixed period for a particular work, the petitioner cannot have any right for reinstatement. The writ petition has been filed after lapse of 13 years by quoting wrong date in the petition. It is also alleged by the learned counsel for the opposite parties that the petitioner was engaged on work charge post for construction work in a Primary Health Centre, Rath, Mathura. Besides the petitioner, the persons of other categories were also engaged from time to time and after completion of the work, all the works charge employees were dis-engaged. In the department of the Rural Engineering Service, there has never been any regularisation rule for regularisation of the work charge employees. The petitioner was given appointment without any post.;