RAJESH SINGH CHAUHAN,J. - (1.) Heard Sri Mahendra Pratap Singh, learned counsel for the petitioner and learned Standing Cousnel for the State respondents.
(2.) By means of this petition the petitioner has prayed that the writ in the nature of mandamus be issued commanding the opposite parties to regularise the services of the petitioner on the post of Registration Clerk from the date the juniors to the petitioners have been regularised along with all consequential service benefits.
(3.) The facts of the case is that the petitioner was initially appointed on the post of Registration Clerk in district Gonda as a daily rated employee. In the year 1990 the petitioner and other similarly placed persons filed Writ Petition No. 3721 of 1990 with the request that since the work and post is available, therefore, the petitioners be permitted to continue in service and as and when the regular selection for the post in question commences the candidature of the petitioners for regular selection be also considered. That writ petition was finally disposed of by this Court vide judgment and order dated 16.8.1991. The operative portion thereof is being reproduced herein below: "In view of what has been indicated herein above this writ petition succeeds and a writ in the nature of mandamus is issued to the opposite parties not to terminate their services till a regular selection for the said post is made and whenever any selection is made the petitioners shall be considered for regular selection as indicated above and paid salary which other registration clerks are given. In the matter of regular selection quota be fixed for appointment from amongst the daily rated employees and the petitioners be permitted to appear into the said selection. However, there shall be no order as to costs.";