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Smt. Manki Devi v. Executive Engineer, Nalkoop Mandal Ballia And Others - WRIT - A No. 42453 of 2003  RD-AH 11989 (21 July 2006)
Hon.Shishir Kumar, J.
By means of the present writ petition the petitioner has approached this Court for issuing a writ of mandamus directing the respondent No.1 to regularize the services of the petitioner and to pay from time to time the pay scale which is being paid to the regularly Class IV employee.
The petitioner was engaged as a part time Sweeper in the year 1968 on a consolidated salary of Rs.75/- per month. In 1989, the petitioner was being paid Rs. 299 per month and subsequently in 1995, Rs.400/- per month. It has been stated that the nature and work of the petitioner is full time. In 1995, another person was engaged as Sweeper and his services have been regularized but the services of the petitioner in spite of the fact that the petitioner is working since 1968, have not been regularized. Petitioner submits a representation to this effect that as the petitioner is working since 1968 and another person appointed subsequently to the petitioner, his services have been regularized, therefore, the services of the petitioner also be regularized.
It has also been submitted that the Executive Engineer has also recommended the case of the petitioner and has requested the State Government to sanction the post but in spite of the aforesaid fact nothing has been done.
A counter affidavit has been filed. It has been admitted that the petitioner is working since 1968.
I have heard learned counsel for the petitioner and counsel for the respondents and have perused the record.
From the record, it is clear that this is an admitted case of the parties that the petitioner was given appointment as a part time Sweeper in the year 1968 and she is continuously working on the said post. It is also clear that another person has been appointed and his services have been regularized but reasons best known to the respondents, the services of the petitioner have not been regularized.
In view of the aforesaid fact, the respondent No.1 is directed to consider the claim of the petitioner for regularization on the post of Sweeper. It is also provided that if there is sanction post of Sweeper in the office where the petitioner is working and if any post of Sweeper is vacant, the petitioner be considered for absorption on the said post. If the post of Sweeper is not sanction then respondent No.1 will obtain sanction by the respondent No.5 for sanctioning a superanuary post for the petitioner taking into consideration the fact that the petitioner is working on the post of Sweeper since 1968. It is also provided that if the certified copy of this order is produced before the respondent No.1 within a period of two weeks the respondent No.1 will pass a detailed and reasoned order according to law considering the case of the petitioner for regularization within a period of six weeks. Till the case of the petitioner is considered for regularization, the petitioner will be paid minimum pay scale which is being paid to the other regular employees.
With these observations the writ petition is disposed of.
There shall be no order as to costs.
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