S. K. Dhaon, J. - (1.) In substance, the relief claimed in this petition is that the respondents may be directed to give an appropriate appointment to the petitioner in the treasury of district Mathura.
(2.) The averments made are these. The petitioner worked a Tahsildar between 9th December, 1985 to 28th December, 1985 in a certain leave vacancy. On 31st December, 1985, the petitioner was appointed as Apprentice money-tester in the Sub-Treasury, Sadar Tahsil of district Mathura. This appointment continued till 29 July, 1986. Petitioner was given an assurance that whenever a vacancy in the Treasury of district Mathura occurred, he will be absorbed in the Treasury. On 20th July, 1986, the petitioner was appointed as a money-tester on a temporary basis as a daily - wager and this appointment continued till 12rd April, 1987. In September, 1986, the State Government took a policy decision of doing away with the Government Treasury Agents. The Government decided to appoint its own hands in the Treasuries. In anticipation of the enforcement of a statutory rules, the State Government, on 27th March, 1987, issued a Government Order in which it was, inter alia, stated that after coming into force of the new rules endeavour shall be made to absorbed the existing Tahsildars/money-testers. On 8th April, the petitioner made an application for appointment as a money-tester in the Treasury of Mathura. However, on 23rd April, 1987, the petitioner received a communication that he could not be appointed. The petitioner was given an honourably appointment on 2nd May, 1987. On 26th June, 1987, the petitioner was appointed as Government Treasury Agent in place of one Ram Gopal Mittal. Even today the petitioner is continuing to function Government Treasury Agent. On 28th April, 1987, the petitioner sent a communication to the District Magistrate, Mathura that, in view of the new rules as as enforced, he may be appointed as a money-tester. No examination for recruitment of money-testers was held, however on 21st July, 1987, the petitioner was informed by the Treasury, Officer district Mathura that certain appointments of money-testers were going to be made, the petitioner was interviewed, a list of the candidates selected was published on 30th July, 1987, but the petitioner's name was missing from it.
(3.) The Treasury Officer, Mathura, on 1st July, 1987, sent a communication that the Government Treasury, Mathura, had, on 25th June. 1987, terminated the agency of one Ram Gopal Mittal and by letter, dated 26th June, 1987, he had appointed the petitioner as a temporary Agent. Therefore, until further orders the petitioner was continue as Agent of the Government Treasury. A copy of this communication was sent to the Government Treasury, Mathura. In pursuance of this letter, the Government Treasurer of District Mathura, Sri Raghunath Das, executed a power of attorney in favour of the petitioner, dated 31st July, 1987. The petitioner, as already stated earlier, is still continuing to function as Government Treasury Agent.;