ASHOK BHUSHAN, J. - (1.) HEARD Sri B.R. Singh, learned Counsel for the petitioner and Sri G.C. Upadhyaya learned Standing Counsel for the respondents. Counter and rejoinder affidavits have been exchanged and with the consent of the parties and the writ petition is being finally decided.
(2.) BY this writ petition the petitioner has prayed for a writ of mandamus commanding the respondents to pay his regular pay scale as Safaiwala (Farras) and to absorb him into permanent service. By an amendment another relief praying for writ of certiorari quashing the order dated 18.10.2000 passed by the Assistant Inspector General (Registrar Office), Ballia has been added. Brief facts necessary for deciding the writ petition are : The petitioner was engaged on payment of Rs. 75/- per month as Farras in the Sub-Registrar's Office, Barria, district Ballia. A Government Order dated 12.8.1998 was issued by the State Government. The Government Order provided that in none of the offices of Sub-Registrar waterman or for other purposes no outsider be engaged and if any such engagements have been made they may be immediately terminated. The petitioner's case is that after the said Government Order dated 12.8.1998 petitioner was not allowed to continued Petitioner filed a writ petition in this Court being Writ Petition No. 21709 of 1999 praying for salary and regularisation. This Court disposed of the writ petition on 25.5.1999 directing the petitioner to make representation to the authorities concerned who was directed to decide the same within two months. Petitioner submitted an application along with order of this High Court. The petitioner again filed second Writ Petition No. 37566 of 1999 stating that his representation has not yet been disposed of. This Court again vide its order dated 2.9.1999 directed the representation of the petitioner to be disposed of by the Assistant Inspector General (Registrar Office), Ballia. The Assistant Inspector General (Registrar Office), Ballia vide his order dated 19.10.2000 refused to regularize the petitioner in service. The Assistant Inspector General recorded finding that the engagement as Farras was part time engagement and no such substantive post has been created by the department. The work of Farras is not for whole day hence they are given small amount. It was held that the petitioner is not entitled for regularisation. The order further stated that the emolument of the petitioner up to July, 1998 has been paid on 7.11.1998. The application of the petitioner thus was rejected. The said order has been prayed to be quashed.
(3.) LEARNED Counsel for the petitioner submits that the petitioner having working as Farras for such a long period he is entitled to be regularised in service. He further stated that even if there is no post of Farras/Waterman the petitioner can be permitted to be absorbed on any other Class IV post. Learned Counsel for the petitioner has also relied on the interim order dated 17.4.1999 passed by the Lucknow Bench of this Court in Writ Petition No. 1634 (S/S) of 1999 which interim order directed the respondent to permit those petitioners to work as Waterman.;