- (1.) The petition seeks the quashing of the order dated 7 October 2013 passed by the State Public Services Tribunal1 in Claim Petition No. 1436 of 2008 that was filed by Virendra Singh, who has been impleaded as respondent no.2 in this petition. The claim petition was filed for setting aside the orders dated 17 March 2008 and 19 March 2008 passed by the Superintending Engineer and the Executive Engineer respectively posted at Etawah in the Irrigation Department of the State Government. A further direction that was sought in the claim petition was that Virendra Singh should be treated to be in continuous service on a class IV post and for payment of arrears of salary with consequential benefits. The claim petition was allowed by the Tribunal and the orders dated 17 March 2008 and 19 March 2008 were set aside. The Department was also directed to treat Virendra Singh to be in continuous service on a Class IV post with all consequential benefits.
(2.) The order dated 17 March 2008 passed by the Superintending Engineer seeks to cancel the earlier orders dated 18 January 2008 and 21 January 2008. The former order granted appointment to Virendra Singh on a class IV post in the work-charge establishment by giving him the benefit of a Circular dated 7 February 1997 that deals with regularization of daily wage workers on fulfillment of certain conditions, while the latter order seeks to appoint Virendra Singh in the regular establishment.
(3.) The Circular dated 7 February 1997 provides for regularisation of muster roll/daily wage workers engaged in the work-charge establishment of the Irrigation Department. It inter-alia provides that muster roll/daily wage employees working in the work-charge establishment who have worked for more than 240 days as on 1 January 1993 and have also worked regularly upto the date of issuance of the Circular shall be considered for regularisation on the basis of seniority by a Committee consisting of the Superintending Engineer as the Chairman, an Executive Engineer nominated by the Superintending Engineer and three Assistant Engineers.;