- (1.) Heard Shri S.F.A. Naqvi, learned counsel for the petitioner and learned Standing Counsel for the respondents.
(2.) By this writ petition the petitioner has prayed for following reliefs:- "(i) issue a writ, order or direction in the nature of certiorari quashing the impugned order dt.19.05.2006 passed by respondent no.2 (Annexure No.1). (ii) issue a writ, order or direction in the nature of mandamus directing and commanding the respondents to regularize the services of the petitioner on the post of Junior Engineer as well as to grant super time pay scale in the said cadre with effect from the date upon which the petitioner was promoted upon the post of Junior Engineer and all other consequential benefits, which in normal circumstance is payable to a confirmed Junior Engineer. (iii) issue a writ, order or direction in the nature of mandamus directing and commanding the respondents to pay interest at the permissible rate, which this Hon'ble Court may deem fit and proper upon all the financial benefits which are liable to be paid by the respondent authorities in pursuance of grant of consequential reliefs claimed in relief no.2. (iv) issue a writ, order or direction, which this Hon'ble Court may deem fit and proper in the circumstances of the case. (v) award the cost of the petition in favour of the petitioner."
(3.) Brief facts giving rise to the writ petition are that the petitioner was appointed on the post of Civil Draftsman vide order dated 16th August, 1967. Thereafter, the petitioner was promoted on the post of Overseer by order dated 25.10.1972. The post of Overseer is now known as Junior Engineer. While promoting the petitioner on the post of Overseer it was mentioned in the promotion order dated 25.10.1972 that in case the work of the petitioner was not found satisfactory or a qualified Overseer is appointed, the petitioner will be reverted back to his original post of Draftsman. It is submitted by learned counsel for the petitioner that the petitioner was working on the post of Junior Engineer till he attained the age of superannuation in the year 2006. It is submitted that at the time of initial induction in service he had the requisite qualifications. No other person was appointed on the said post in which the petitioner was working. It is averred that the entire career of the petitioner was unblemished and the petitioner was never granted any adverse entry during his career. It is also submitted that under Rule 4 of the U.P. Government Servant Confirmation Rules, 1991 the petitioner is fully qualified to be confirmed on the said post. It is also submitted that other similarly placed persons who were appointed simultaneously with the petitioner as Draftsman were promoted and confirmed on the post of Junior Engineer after 1972 and they were also awarded consequential benefits. This shows that the petitioner was discriminated by the respondents. In paragraphs 14, 15 and 16 of the writ petition the petitioner has given the examples of similarly situated persons, who have been promoted and confirmed on the post of Junior Engineer.;