Honble SINGHVI, J.—In this petition, the petitioner has sought issue of writ of mandamus directing the respondents to make him substantive on the post of Diesel Pump Operator and to give him salary in the regular scale with consequential benefits.

(2) The facts of the case are that the petitioner was appointed as Diesel Pump Operator in the service of the Municipal Council, Kota w.e.f. 1.4.1982 on daily wages and since then he is serving the Municipal Council, Kota in that capacity. His name has been included in the provisional seniority list of daily rated employees which has been issued by the Municipal Council, Kota on 16.8.1988 (Annx. 1). The petitioner has asserted that he is doing duties which are identical to the duties being performed by the other Pump Operators. He made a number of representations for being given regular pay scale and for regularisation of the service. Copy of one such representation has been placed on record as Annexure-2. The Municipal Council, Kota, on its part wrote a letter dated, 14.11.1987/1.12.1987 to the Director, Local Bodies, Rajasthan, Jaipur for creation of the post of Diesel Pump Operator for the purpose of regularisation of the service of the

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