Hon’ble Siddharth, J.—This writ petition has been filed, praying for a direction to the respondents to regularize the services of the petitioner on the post of Telephone Operator from the date junior to the petitioner was regularized with all consequential benefits admissible to the post. Further prayer was made for direction to pay the scale of pay to the petitioner which is admissible to the regular employee and fixed the seniority of the petitioner from the initial date of appointment.

2. The briefs facts of the petition are that the petitioner was appointed on the post of Telephone Operator on daily wage basis on 01.08.1983 in Chandra Shekhar Azad Agriculture & Technical University, Kanpur. He was transferred vide order dated 15.06.1992 by the Administrative Officer of the University to work as a skilled worker. The petitioner represented against the aforesaid transfer order on 19.06.1992, requesting from respondent No. 3 that he should be continued on the post of Telephone Operator, so that his seniority is not disturbed. The respondent No. 3 maintained the designation of the petitioner as Telephone Operator, but stated that the question of seniority shall be decided after the decision of Smt. Sharda Sharma’s case. The respondent No. 3 vide letter dated 30.11.1992 decided the case of Smt.Sharda Sharma and gave her seniority on the post of Clerk from 18.05.1985, when she was appointed on the post of Telephone Operator. The petitioner was transferred by the order dated 16.05.1995 to the office of Director, Beej Avam Prachhetra and then to the office of Director, Construction. One Risideo Sharma was granted regular appointment on the post of Telephone Operator on 13.03.1992, after his transfer to different places. Thereafter, Sri Bijendra Pal Singh another Telephone Operator was regularized on 05.12.1992. The petitioner made several representations against denial of regularization, despite working on the post of Telephone Operator and then on the post of Clerk from 1992. The post was existing but the respondents did not paid any heed to the request of the petitioner for regularization when Sri Bijendra Pal Singh, who was appointed on 01.09.1983 was regularized in service. Several employees like the petitioner approached this Court and orders for payment of minimum scale of pay, was granted to them.

3. The respondent Nos. 2 and 3 filed their Counter-affidavit stating that Sri Risideo Sharma was appointed on regular basis. The petitioner was engaged as Class-III employee on daily basis. He did not suffer any pecuniary loss as wages of telephone operator and of Class-III employee are the same. No post of Telephone Operator is vacant at present. The petitioner shall be considered for regular appointment when similar cases would be considered. The petitioner cannot be regularized in the absence of any post.

4. The petitioner filed Rejoinder-affidavit stating that the petitioner was directed to perform the duties of Clerk and thereafter, his junior was regularized on the post of Telephone Operator. He further stated that his services have been regularized by the order dated 31.05.2001 on the post of Junior Clerk. He is entitled to seniority and other benefits from the date, his junior was regularized.

5. The petitioner filed a Supplementary-affidavit stating that by the order dated 26.05.2001, the date of appointment of the petitioner has been accepted as 01.08.1983. The petitioner brought on record a seniority list of the daily wage employees (Clerks) of the University, wherein his name should have found place at Sl.No. 41, on the basis of the date of appointment but name of Sri Mahesh Chandra Agnihotri was placed there and thereafter, his juniors, namely, Brijendra Bahadur Singh, Krishna Avtar Gupta, Rafiq Ahmad Varsy, Dinesh Kumar Srivastava, Dilip Kumar,Raj Kishore, Gyan Singh, Subhash Chandra Pandey, Ashok Kumar Singh and Surya Bhan Singh, who are placed at Sl.Nos. 42 to 51, have been regularized on the post of Junior