- (1.) The Special Appeal is directed against the common judgment and order dated 07.03.2014 of Learned Single judge of Allahabad High Court, Lucknow Bench passed in Writ Petition No.2269 (SS) of 2010, Review Application No.171 of 2010 in Writ Petition No.1418 (S/S) of 1993 and Review Application No.172 of 2010 in Writ Petition No.2670 (SS) of 1997 to the extent that the case of the appellant be considered for regularization from the date of initial appointment i.e. 20.12.1986 with consequential service benefits.
(2.) The material facts relevant for deciding the present Special Appeal lie in a narrow compass. In the year 1986, the State Government sanctioned two posts of Technical Assistant in the pay-scale of Rs.570-1100 in the Environment Directorate on temporary basis. Pursuant to the creation of the above posts, the Director, Environment Directorate, Uttar Pradesh, Lucknow (respondent No.2) issued a letter dated 13.08.1986 to the Employment Exchange Officer, Lucknow, requesting therein to send names of the eligible candidates. Consequently, the Employment Officer issued a letter dated 19.08.1986 directing the appellant to report in the office of the respondent No.2 for appearing in written examination to be held on 24.08.1986 for the said post. On 24.08.1986, the appellant appeared in the written test and upon being declared successful, she appeared in the interview, which was held on 27.08.1986. Finally, she was declared successful. Accordingly vide order dated 09.12.1986, the appellant was offered an appointment letter for the post of Technical Assistant, on which she joined the services on 20.12.1986. The said appointment was given to her on daily wage basis initially for the period of three months which was then extended for number of years from time to time. According to the appellant she made several timely representations to the competent authority which remained of no avail. The Director also recommended her case for regularization of her service in 1992 but it remained in vain. The said relief was not given to her despite her filing three Writ Petitions No.2269 (SS) of 2010, Review Application No.171 of 2010 in Writ Petition No.1418 (S/S) of 1993 and Review Application No.172 of 2010 in Writ Petition No.2670 (SS) of 1997 and the orders passed therein by this Court. In the impugned judgment and order dated 07.03.2014 passed by learned Single Judge in Writ Petition No.2269 (SS) of 2010, it was declared that the appellant was entitled for regularization w.e.f. 05.05.1997 and not from the date of initial appointment. Hence this Special Appeal.
(3.) Learned counsel for the appellant contended that in the letter of appointment issued to her, it was mentioned that the appointment is being made for a period of three months on temporary basis on payment of remuneration at the rate of 25/- per day, whereas vide same order dated 27.02.1986, the post of Assistant Accountant was also sanctioned in the pay-scale of Rs.470-735 and on the aforesaid post, one Shri Rasiyawan Prasad was appointed along with the appellant on temporary basis by following the same procedure through the same Selection Committee he was given regular appointment from the date of his appointment. Being aggrieved by the aforesaid discriminatory action, the appellant, after joining on the post of Technical Assistant, preferred a representation dated 24.12.1986, requesting therein that she may be granted pay-scale of Rs.570-1100 and also her services may be regularized. The said representation was forwarded by the Deputy Director before the respondent No.2 on 09.11.1989 but no heed was paid. However, on 05.09.1992, the respondent No.2 requested the State Government to accord approval for regular appointment to the appellant on the post of Technical Assistant in the pay-scale of Rs.1400-2600 but even then, no heed was paid.;