Rakesh Tiwari, J. - (1.) -Heard learned counsel for the parties and perused the record.
(2.) THE services of the petitioner are governed by the United Provinces Town Area Act, 1914 (hereinafter referred as to the Act, 1914). He was initially engaged by the Chairman of the Town Area Committee as Moharrir (Clerk) temporarily on daily wages in July, 1984 in the office of the Town Area Committee, Doharighat, district Mau (hereinafter referred to as Town Area Committee). He was then appointed as Lineman on daily wages on the basis of resolution passed on 12.2.1989 by the Town Area Committee. On 8.1.1992 the Secretary, Nagar Vikas, State of U. P., issued Government order/letter No. 171/90-1-92, Nagar Vikas Anubhag-1, Lucknow to all the District Magistrates in U. P., that process for creation of posts for regularisation of the services of all daily wage employees in local bodies who are working in the Government Bodies since prior to 11.10.1989 and who have completed 240 days of continuous service in each of the three years is under active consideration as it was proposed to absorb such daily wagers in the future vacancies. In this backdrop it was expected that the services of such daily wagers may not be terminated except in cases of their long absence or they not being found useful to the department on administrative grounds. The letter dated 8.1.1992 is as under : ...[VERNACULAR TEXT OMMITED]...
(3.) THE Chairman, Town Area Committee in exercise of power under Section 10 of the U. P. Town Area Act, 1914 and in pursuance of the G.O./letter dated 8th January, 1992 appointed the petitioner temporarily on 25.2.1992 in anticipation of creation of a sanctioned post. The case of the petitioner is that ever since his joining the post in the Town Area Committee, he has continuously worked except Sundays and Gazetted holidays, without break in service and that he was appointed by order dated 25.2.1992 alongwith other candidates on a vacant post on permanent basis.;