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Akhilesh Choudhary v. State Of U.P.& Others - WRIT - A No. 55862 of 2000  RD-AH 1231 (4 May 2005)
Court No. 32
Civil Misc. Writ Petition No. 55862 of 2000
Akhilesh Choudhary Vs. State of U.P. and others
Hon'ble Vikram Nath J.
I have heard learned counsel for the parties.
Petitioner had earlier filed a Writ Petition No.40605 of 1998 claiming regular pay scale on the principle of equal pay for equal work. This Court vide order dated 6.1.99 disposed of the writ petition with the direction to the respondent no.3 i.e. Superintending Engineer, Lift Irrigation Division, Varanasi to decide the representation of the petitioner in accordance with law within a period of three months. This Court further directed that till consideration of the representation, the petitioner's services shall not be interfered with and he will be allowed to work on the same term. Pursuant to the direction issued by this Court, the Superintending Engineer, Lift Irrigation Division, Varanasi vide order dated 22.7.99 has held that the petitioner has not worked for 240 days in any calendar year and therefore, no case for regularization or for absorption in the work charge division is made out and accordingly rejected the representation. Against the said order of the Superintending Engineer the present petition has been filed in which the petitioner has assailed the findings of the Superintending Engineer, Lift Irrigation Division, Varanasi and it is alleged that he fulfilled all the conditions for regular appointment and regular pay scale. The petitioner has alleged that he has worked for more number of days as indicated in the impugned order.
Counter affidavit has been filed in which similar stand has been taken as contained in the impugned order of Superintending Engineer. The facts therefore, as raised in the petition are disputed in the counter affidavit and this Court cannot decide such a controversy involving disputed a question of fact. It requires scrutiny of evidences which is not permissible under law. Petitioner may however, approach the appropriate forum by raising as industrial dispute where questions of fact may be determined.
In the circumstances, this writ petition is dismissed on the ground of alternative remedy available to the petitioner by way of raising industrial dispute. Any observations made above will not come in the way of the Authority/Tribunal/ Court as the case may be while deciding the claim of the petitioner.
This petition is accordingly dismissed.
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