Neutral Citation No. - 2025:AHC-LKO:28974 Court No. - 28 Case :- WRIT - A No. - 281 of 2004 Petitioner :- Ram Bachan Yadav Respondent :- State Of U.P.Through Secy Rural Engineeing And 3 Ors Counsel for Petitioner :- S.S.L.Srivastava Counsel for Respondent :- C.S.C. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State. 2. By this writ petition, learned counsel for the petitioner has prayed for a writ of mandamus directing the opposite parties to treat the petitioner in continuous service and allow him to work on the post of Class III employee as Work Charge Supervisor/Junior Engineer. 3. Learned counsel for the petitioner submitted that the petitioner was engaged on 02.08.1988 as Work Charge Supervisor/Junior Engineer (Class III employee) on temporary basis against the permanent vacancy under the opposite party no.4 on consolidated pay. Learned counsel submitted that the petitioner continued to work on the post till July, 1999 but however, his services were orally terminated in the month of August, 1999. 4. Learned counsel has further submitted that several writ petitions were filed by similarly situate persons and their writ petitions were allowed by this Court with a direction to the opposite parties to take back the petitioners of those writ petitions on duty and pay them the minimum scale of pay which was being drawn by other employees and quashed the order of termination. He has annexed the judgment passed in Writ Petition no.1773 (S/S) of 1990 contained as Annexure 2. He further submitted that the petitioner may be extended the benefit of the aforesaid judgment. 5. On the other hand, learned Standing Counsel has taken the stand that the petitioner was engaged as daily wager in construction work, he was not engaged on permanent post and he was paid wages on work basis. He further submitted that no interim order was passed in this petition and after such long lapse of time, the petitioner has to show his rights. At this juncture, the petitioner cannot claim any right as his engagement was not made on substantive post therefore, the writ petition is liable to be dismissed. 6. Be that as it may. In view of the aforesaid facts and circumstances of the case, without entering into the merits of the case, it is directed that the petitioner may make a fresh representation ventilating his grievance within two weeks from today and the same shall be considered and decided by the respondent no.4 in accordance with law by a reasoned and speaking order, say, within a period of six weeks thereafter. 7. The writ petition stands disposed of. Order Date :- 16.5.2025 Pks Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench