Court No. - 7
Case :- WRIT - A No. - 51820 of 2013 Petitioner :- Virendra Kumar Singh Respondent :- State Of U.P.And 3 Ors. Counsel for Petitioner :- Ch.N.A.Khan Counsel for Respondent :- C.S.C.,Rais Ahmad
Hon'ble Saumitra Dayal Singh,J.
This writ petition has been filed for seeking a writ of mandamus in the first place for the petitioner to be permitted to perform his duties, second to retrain the respondents from interfering with his working and third to direct the respondents to take a final decision with respect to the petitioner's status for entitlement arising from his services.
Brief case is that the petitioner claims to have been appointed as a Clerk in the office of the City Board, Jaunpur. Perusal of the appointment letter indicates that the petitioner was appointed on adhoc basis in anticipation of regularization to be offered to him. While the appointment letter is of the date 12/6 (84/85), by another letter dated 18.6.2009, it appears that petitioner was posted as a Clerk in the Complaint Cell of the Jaunpur, City Board. At present, there does not appear any document as may lead to the conclusion that the petitioner's services had ever been regularized. Nevertheless, the petitioner claims to have worked up to 2013. Thereafter, he claims to have been deprived of work and duties as also payment of salary etc.
List has been revised.
None is present to oppose the present writ petition.
Learned counsel for the petitioner submits that in such facts, the petitioner is entitled to payment of arrears of salary and retiral dues etc, in view of the fact that during the pendency of the present writ petition, the petitioner attained the age of superannuation.
In view of such facts noted above, in the first place, there is no documentary evidence that either the petitioner was regularly appointed or that his services were ever regularized. The actual period of his functioning is also not clearly established. Therefore Prayer Nos. 1 and 2, as noted above, cannot be granted.
However, in view of the fact noted above, the present writ petition is disposed of with a direction that in case the petitioner files a fresh representation before respondent No.4, within a period of three weeks from today along with the certified copy of this order, it is expected that the petitioner's status as an employee and his claim for money raised may be decided, strictly in accordance with law, as expeditiously as possible, preferably within a period of three months from the date of presentation of certified copy of this order.
It is made clear that this Court has not gone into the merits of the rights claimed by the petitioner.
Order Date :- 29.1.2019 Sumaira