MANGEY RAM SHARMA Vs. ENGINEER IN CHIEF IRRIGATION DEPARTMENT
LAWS(ALL)-1995-12-35
HIGH COURT OF ALLAHABAD
Decided on December 14,1995

MANGEY RAM SHARTNA Appellant
VERSUS
ENGINEER-IN-CHIEF, IRRIGATION DEPARTMENT, U. P. Respondents

JUDGEMENT

Aloke Chakrabarti - (1.) THIS writ petition was filed by the petitioner claiming that he was appointed as a part-time tube-well operator on 1.7.1982 and is doing the same Job as regular tube-well operators and accordingly he is entitled to the same pay as is being paid to the regular tube-well operators.
(2.) IN the counter-affidavit, this statement has not been disputed. Similar questions was considered in various writ petitions including Civil Misc. Writ Petition No. 3558 (S/S) of 1992, Suresh Chandra Tiwari and others v. State of U. P. and others, by the Lucknow Bench of this court. The said judgment was challenged before the Honourable Supreme Court whereupon by order dated 22.3.1995, the Honourable Supreme Court refused to interfere with the findings of the Lucknow Bench of this court and Special Leave petitions were dismissed. In the circumstances, following the findings in the aforesaid matter, the present writ petition succeeds and is allowed. The respondents are directed to pay the petitioner the same pay scale and allowances as are being paid to the other regular tube-well operators. There will be no order as to costs.;


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