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2023 Supreme(All) 944

KARUNESH SINGH PAWAR
Kamlesh Kumar – Appellant
Versus
State Of U. P. Thorugh The Principal Secy. Irrigation Dept. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: S.C.Yadav, G.M Kamil, Suresh Chandra Yadava
For the Respondent: C.S.C.

JUDGMENT :

Karunesh Singh Pawar, J.

1. Heard Shri G.M.Kamil, learned Counsel for the petitioner and learned Standing Counsel for the State.

2. Through this petition the petitioner has prayed for issuance of a writ in the nature of Certiorari quashing the oral order of dispensing the services of the petitioner dated 16.12.2010 passed by opposite party no.5 and also a writ in the nature of Mandamus commanding the opposite parties to allow the petitioner to work on his post and pay him salary each and every month regularly.

3. Learned Counsel for the petitioner submits that the petitioner was engaged on muster roll as daily wager in Work Charge Establishment as Work Supervisor vide Office Memorandum 369/W-1/Sin.Kha.Ta dated 12.3.2003 by the order of Executive Engineer, Irrigation Division, Tanda- Ambedkar Nagar and he was posted at IInd Sub Division, Baskhari, in compliance of the Office Memorandum dated 20.2.2003 passed by Engineer-In-Chief (Work Charge Establishment Prakoshtha), Irrigation Department, U.P., Lucknow. In compliance of letter dated 20.02.2003, the petitioner has joined on 5.7.2003.

4. Learned Counsel for the petitioner further submits that the service book of the petitioner

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