Virendra Kumar, J. - (1.) This writ petition under Article 226 of the Constitution is directed for issue of a writ of mandamus to command the opposite, parties to regularise the services of the petitioner on the post of Amin/Neelam Karta as per Circulars and various Orders issued by the opposite party No. 1.
(2.) The petitioner was appointed on the post of Amin/Neelam Karta in the pay scale of Rs. 354 - 550 initially for a term of three months under order dated 16-10-1985 by the opposite parties. He joined the post in pursuance of the said orders. After the expiry of the initial term of three months appointment orders were further issued extending the services from time to lime. The petitioner has thus completed more than 240 days in the service and has, in fact, completed 390 days of his service on the date of filing of the Writ Petition on the said post. It is further urged that the Krishi Utpadan Mandi Samiti being an industry, the petitioner is workman and after competition of 240 days of his services under the opposite parties was entitled to continue on the post, and the termination as his services was illegal and unwarranted. It is further urged that in fact persons junior to the petitioner are continuing on the post of Amin/Neelam Karta while the services of the petitioner have been terminated without any rhyme and reason and in a mala fide manner.
(3.) According to the petitioner on account of his completing more than 240 days of the service, he was entitled to regularisation on the post on the basis of the circulars and Government orders issued by the Government and the petitioner had acquired the temporary status. Learned Counsel for the petitioner has relied upon the judgment dated 9.3.87 passed by a Division Bench of this Court in Puttu Lal Dwivedi v. State of U.P. and another (Writ Petition No. 2874 of 1983). In the said case the earlier decision given by another Division Bench of this court in the case of Brij Kishore Shukla and another v. State of U.P. and another 1986 (4) Lucknow Civil Decisions 260, was relied upon. In both these writ petitions, in which the similar points were raised, the opposite parties were commanded to treat the petitioners of those cases to be in continuous service from the date of termination of their services. They were also found entitled to all attendant benefits with the direction to consider them for regularisation in their service in accordance with law. The writ petition is also to be disposed of accordingly.;