- (1.) The instant writ petition is directed against the order dated 31/12/1991 (Ann.4) whereby, the services of the petitioner were regularized but he has not been given any benefit of his previous service. Petitioner has sought mandamus to regularise his services w.e.f. 25/11/1980 whereon, he was first appointed to the service.
(2.) The facts of the case, briefly stated, are that the petitioner was appointed as Junior Assistant on 25/11/1980 on daily wage basis against a vacant post. Petitioner is stated to have sent several representations to the respondents for regularizing his services and granting him the benefit of regular pay scale, which did not evoke any response. Thereafter, the petitioner filed writ petition bearing DBCWP No.3209/1987 before this Court claiming pay scale of Junior Assistant on the principle of equal pay for equal work. This Court while disposing of the said writ petition vide order dated 16/01/1989 directed that the petitioner be paid the salary of Junior Assistant as he had been performing the work of that post. It was further directed that respondents shall give an opportunity to the petitioner to appear in the typing test and other tests, if any, in order to regularize his services. Although petitioner was granted pay scale of Junior Assistant in terms of the order of the Court but his services could be regularized only in the year 1991 after he had qualified the typing test.
(3.) Learned counsel appearing for the petitioner has contended that the services of the petitioner should have been regularized with effect from 25/11/1980 whereon he had been appointed against the vacant post of Junior Assistant. It is further contended that the services of the similarly situated employees viz. Shri B.S.Dixit and Ms.Kerolian Robert had been regularized from 24/12/1982. He has also cited the case of one Shri Moti Singh, who was given the benefit of seniority with effect from 24/12/1982, although he had passed the written examination along with the petitioner.;