Siddharth, J. - (1.) The petitioner has filed this writ petition praying for a direction to the respondents to allow the petitioner to join his duties and pay his salary from 01.01.1988, onwards and keep on paying the same regularly.
(2.) By way of amendment, further prayer has been made, praying for declaring the payment of salary to Sri Sheo Shankar Bhakt, respondent no.5, as null and void and directing the respondents to pay the salary of the petitioner from 01.01.1988 and direct the respondents to pay to his regular salary with the increments along with other service benefits of continuous service. Prayer for regularization of service of the petitioner and quashing of the order dated 18.09.1996, passed by District Horticulture Officer, Mirzapur, respondent no.2, whereby, the salary of the petitioner for 1111 days has not been sanctioned, has also been made.
(3.) The facts of the petition are that the petitioner was appointed on the post of Driver in 1983 on daily wages and he worked as such. He was given appointment on the basis of the recommendation of the Selection Committee, after calling his name from the employment exchange, in the pay scale of Rs.330-493, on the post of Tube-well Operator- cum- Tractor Driver by the order dated 27.12.1986 passed by the respondent no.2. The petitioner was transferred by the order dated 09.05.1998 passed by respondent no.2, from Mirzapur to District Pilibhit. The petitioner went to Pilibhit but the District Horticulture Officer, Pilibhit, respondent no.4, did not permitted him to join his services there and the petitioner came back to Mirzapur. The respondent no.2 wrote a D.O. letter dated 23.05.1988 to the respondent no.3, Director, Horticulture, Lucknow requesting him to direct the respondent no.4 to permit the petitioner to join his duties. The petitioner made repeated representations to the respondent nos. 2 and 3 and thereafter approached this Court, praying for direction to the respondents to permit him to join his duties at Pilibhit and pay his salary. By the interim order dated 20.05.1993, when no counter affidavit filed by the respondents, this Court directed that the petitioner should be permitted to join at Pilibhit within 3 weeks. Despite interim order, the petitioner was not permitted to join. The petitioner was permitted to join his services at Pilibhit on 27.05.1996 and was paid salary upto 30.06.1996. Thereafter, no salary was paid to him on the ground that one Sheo Shankar Bhakt is working on the post, whereon the petitioner has been transferred but he has also obtained an interim order from the High Court without impleading the petitioner. The petitioner filed a Contempt Petition No.828 of 1997 and after issuance of notice the Director, Horticulture, respondent no.3, attached one post at Pilibhit from Agra and the petitioner started working and getting salary from 14.03.2002. The salary of the period, when the petitioner was not permitted to join was not paid to him and the petitioner was paid only the basic salary, without increments, when the respondent no.5 was paid his arrears of salary as well. In the contempt proceedings, the petitioner was paid Rs.38,022/- but the respondents refused to pay the arrears of salary on the ground of "no work no pay". The dues of the petitioner was determined from 27.05.1996 to 21.04.2002. Total period came to 2156 days out of which it was stated that he had worked for 497 days only for which the salary was paid. For the remaining period of 1 and 1/2 years, he was sanctioned medical leave for 6 months and Rs.38,022/- was paid to him. For remaining period of 1111 he was treated as absent from duty and salary was denied to him by the order dated 18.09.2006 by the respondent no.4, hence the writ petition.;