Court No. - 6
Case :- WRIT - A No. - 10533 of 2018 Petitioner :- Bindu Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Kamal Krishna Roy,Charlie Prakash Counsel for Respondent :- C.S.C.,Arti Raje,Vivek Verma
Hon'ble B. Amit Sthalekar,J.
Heard Shri K.K. Roy, learned counsel for the petitioner, Smt. Arti Raje, learned counsel for the respondents no.4, Shri Jitendra Rana holding brief of Shri Vivek Verma, learned counsel for the respondent no.3 and the learned Standing Counsel for the respondents no.1 & 2.
Admittedly, the petitioner is working on contractual basis under the Contractor-Krishna Nand Pandey in Jalkal Vibhag, Nagar Nigam, Varanasi. This writ petition has been filed for a direction to declare him Manual Scavenger/Sewage Worker and to provide him all the facilities as such.
A preliminary objection has been raised by Smt. Arti Raje, learned counsel for the respondents that the writ petition is not maintainable as he is the employee of the private contractor. Further objection has been raised by the learned counsel for the respondents that the claim of the petitioner had already been rejected by the respondent no.4, General Manager, Jalkal Vibhag, Nagar Nigam Varanasi vide order dated 05.10.2017, copy of which has been filed as Annexure-8 to the writ petition but this order has not been challenged by the petitioner.
Learned counsel for the petitioner prays that he may be permitted to withdraw this writ petition with liberty to file a fresh writ petition challenging the order dated 05.10.2017.
The writ petition is, therefore dismissed with the aforesaid liberty.
Order Date :- 25.4.2018 N Tiwari