Siddharth, J. - (1.) Heard Sri A.K. Srivastava, learned Counsel for the petitioner and learned Standing Counsel for the respondents.
(2.) This writ petition has been filed by the petitioner, praying for quashing of the impugned orders dated 24.04.1985 and 29.04.1985, passed by District Magistrate, Jalaun and Executive Engineer (Minor Irrigation),Jalaun at Orai, whereby, he was reverted from the post of Junior Engineer (Minor Irrigation) Orai, to the post of Boring Mechanic. The petitioner has further prayed for a direction commanding the respondent no.2, Chief Engineer, Minor Irrigation Department, U.P. Lucknow to regularize the services of the petitioner, on the post of Junior Engineer in Minor Irrigation Department.
(3.) The brief facts of the case are that the petitioner was appointed as Assistant Boring Mechanic in the department of Minor Irrigation on 18.12.1964 and he was promoted to the post of Boring Mechanic on 18.10.1965, whereon, he was confirmed on 01.04.1975, on account of his good work and unblemished service record. By the order dated 18.04.1980, the District Magistrate, Jalaun promoted the petitioner on the post of Junior Engineer on officiating basis against leave vacancy. On 20.06.1980, the petitioner was promoted on substantive vacancy as Junior Engineer on temporary basis by the District Magistrate. He was sent for training on 19.09.1983 along with other Junior Engineers to Gujrat. The Chief Engineer, Minor Irrigation Department, Lucknow was sent recommendation dated 25.10.1980 by the Assistant Engineer, Minor Irrigation Department and the Executive Engineer also sent a letter to the Superintending Engineer, Minor Irrigation Department, Jhansi Circle, Jhansi, recommending regularization of the service of the petitioner on the post of Junior Engineer by the letter dated 12.04.1985. By the letter dated 13.04.1985, the Superintending Engineer aforesaid recommended that the petitioner should be continued on the post of Junior Engineer. The District Development Officer also recommended his confirmation on the post of Junior Engineer by his letter dated 13.02.1981 to the Chief Manager of the Department at Lucknow. One Sonebhadra Sharma, who was appointed Boring Mechanic alongwith petitioner was regularized in service, but the petitioner was not considered for regularization. A Government Order dated 04.06.1975 was issued by the Government directing regularization of employees working on temporary posts for 3 years. The Government Orders dated 28.01.1979 and 30.03.1979 were also issued in this regard. However, by the order dated 25.04.1985, the District Magistrate, Jalaun directed the petitioner to be reverted to his earlier post of Boring Mechanic and the Executive Engineer also passed the order dated 29.04.1985 in compliance of the order dated 25.04.1985 of the District Magistrate, Jalaun communicating the letter of the District Magistrate aforesaid and directing him to hand over the charge to Sri S.D. Verma.;