Court No. - 2
Case :- WRIT - A No. - 14978 of 2019 Petitioner :- Kamlesh Kumar Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Hritudhwaj Pratap Sahi,Vijay Kumar Singh(Senior Adv.) Counsel for Respondent :- C.S.C.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the parties.
Petitioner was appointed Waterman in the office of fifth respondent-Sub-Registrar, Machhalishahr, Jaunpur, against the vacant post. Pursuant to the direction of the Government dated 12 August 1998, services of the petitioner, came to be dismissed by the fifth respondent-Sub-Registrar, Machhalishahr, Jaunpur. The order was subjected to challenge by the petitioner in Writ Petition No.31429 of 1998, wherein, termination order came to be stayed on 5 October 1998. Pursuant thereof, petitioner was continued to work on the post of Anshkalik Waterman. Finally, writ petition came to be allowed in terms of order dated 4 November 2011, passed in Writ Petition No.1634 of 1999, directing the respondents to regularize the services of the petitioner.
It is urged by the learned counsel for the petitioner that services of the petitioner came to be regularized in November 2017. Grievance of the petitioner is that the petitioner is not being paid regular salary, but is receiving wages at Rs.1,800/- per month.
By the instant writ petition, petitioner seeks following reliefs:-
"1. Issue a writ, order or direction in the nature of mandamus commanding the respondent to pay the salary as admissible to regular class-IV employee of the department to the petitioner in view of the order of regularization.
2. Issue a writ, order or direction in the nature of certiorari quashing the portion of the order dated 31.12.2016 by which the petitioner was regularized as part time Waterman in stead of regular class-IV employee."
Learned Standing Counsel submits that the fifth respondent- Sub-Registrar, Machhalishahr, Jaunpur, shall take a decision on the representation of the petitioner, in accordance with law.
In view thereof, the petition is disposed of as withdrawn with liberty to the petitioner to make an appropriate representation before the competent authority. In the event of such an representation is filed before the fifth respondent-Sub-Registrar, Machhalishahr, Jaunpur, the same shall be considered and decided by reasoned and speaking order, expeditiously, preferably within a period of six weeks from the date of filing of certified copy of this order alongwith copy of the writ petition.
It is clarified that this Court has not considered the claim of the petitioner on merit.
Order Date :- 27.9.2019 Atul