- (1.) RAKESH Tiwari, J. Heard learned Counsel for the parties.
(2.) THIS petition has been filed for a relief of direction in the nature of mandamus directing the respondents to regularise the services of petitioner and further commanding the respondent to pay the arrears of salary for which he is entitled under law and current salary may also be paid regularly. The contention of petitioner is that he was appointed as Chowkidar in the establishment of the respondent No. 1-Zila Yuva Kalyan Evam Pradeshik Vikas Dal Adhikari, Basti on 1-12-1990 and has been working since then. However, by an oral order the petitioner has been asked not to perform his duty, which according to the petitioner is not permissible under law. Vide order dated 10-12-1999, direction was made to issue notice to the respondents, who were represented by the learned standing Counsel. It was also directed by the aforesaid order that if the petitioner was working on the post of Chowkidar on 14-10-1999, he shall be permitted to continue to work on the said post unless there is an order in writing terminating his services.
(3.) THE Standing Counsel vehemently urged that the petitioner was working on honorarium and was not Government servant and he was not paid salary. It was further urged that the services of petitioner were wholly temporary and his services have been rightly terminated as such he has no right to continue in service. The petitioner is continuing in service under interim order of this Court which does not confer upon him any right to continue in service on his own independent legal and constitutional right.;