LALLI Vs. STATE OF U P

JUDGEMENT

(1.) I. M. Quddusi, J. By means of the present writ petition the petitioner prayed For a writ of mandamus commanding the opposite parties to allow the petitioner to work as Safai Karamchari and to pay the salary after setting aside the termination order, if any and further to regularise the services of the petitioner on the post of Safai Karamchari with effect from the date of regularisation of his (sic) juniors i. e. 1981.

(2.) THE brief facts of the case are that the petitioner was initially appointed on the post of Safai Karamchari on daily wages basis in the year 1969, at District Jail Hardoi. Earlier the Superintendent District Jail Hardoi was within the Administrative con trol of Central Jail Fatehpur but at present it is under the administrative control of Su perintendent, Model Jail, Lucknow. Ac cording to the respondents she did not work continuously and she was disengaged on 24-9-1993 in pursuance of the order of the Inspector General (Prisons) dated 10-9-1993 by way it was ordered' that the daily wages employees should be disengaged. She was also appointed against a regular post in the month of February, 1981, April to July, 1981 but she was never given regular ap pointment. In the counter affidavit a chart has been filed showing the breaks but the same are shown during the months of May, 1975, February, 1978, April, 1979 and June, 1980 to August, 1980, November, 1980 to January, 1981, September, 1981, March 1982 to August, 1982 October, 1982 and November, 1982, February, 1983 to Decem ber, 1983, March, 1984, May 1984 to July 1984, September, 1984 to December, 1985, February 1986, March, 1986, May, 1986 to December, 1986, February, 1987 to May, 1987, August, 1987 to November, 1987, January 1988 to June 1988, August, 1988, September, 1988 and November, 1988 and so on till September, 1993. A perusal of the chart would show that there are small artifi cial breaks in the service of the petitioner.

(3.) IT is the admitted case of the parties that the petitioner has been working since 1969 on daily wages basis and she was or dered to be disengaged in pursuance of the order dated 10-9-1993 passed by the Inspec tor General (Prison) to the effect that the daily wages employees should be dis engaged. This has not been mentioned in the counter affidavit as to whether while the Inspector General of Prison had knowledge that some persons or at least the petitioner is there who is working from 1969 on daily wages basis.