IMPORTANT POINT
Regularization for promotion posts requires prior service in the lower cadre, and claims of discrimination must be substantiated by participation in relevant judicial proceedings.

JUDGMENT :

J.J. Munir, J.

This writ petition is directed against the order dated 13.12.2013 passed by the Managing Director, Uttar Pradesh Rajkiya Nirman Nigam Limited, Lucknow (for short, 'the Corporation'), declining the petitioner's claim to be regularized on the post of an Office Assistant-I w.e.f. 27.3.1997, the date he was regularized in service as an Office Assistant-II. The petitioner also seeks a writ in the nature of mandamus commanding the Managing Director of the Corporation to regularize the petitioner on the post of Office Assistant-I w.e.f. 27.3.1997 and pay him the difference in emoluments as well as consequential benefits, within a period of time to be determined by this Court.

2. The petitioner's case, in substance, is that he was retained as an Office Assistant by the Corporation on muster roll. No appointment letter was issued, but his name was mentioned in the muster roll maintained by the Corporation. The petitioner describes his retention on the muster roll as an 'appointment' and says that he performed his duties to the best of his abilities with devotion and sincerity. During the entire period of his service, there was neither an adverse entry awarded nor any complaint against him. Rather, his performance was appreciated and letters to that effect issued by various functionaries of the Corporation. The list of daily-wagers, working in the Zonal Office, was required by the Zonal Manager, Headquarters. Accordingly, a list was drawn up by the Corporation and in the list aforesaid, details of muster roll employees, working in the General Manager's office (South-Eastern Zone, Allahabad) were shown. The list was sent to the General Manager, Headquarters by the General Manager, SEZ, Allahabad under a covering memo dated 16.3.1988. In the said list, the petitioner's name was shown at Sr. No. 3 indicating that the petitioner was working with the Corporation since 9.7.1985, a period of two years eight months. A quick look at the said list shows that the petitioner was working on a daily-wage of Rs. 25/-. Subsequently, the petitioner points out that a seniority list of muster roll Office Assistants was drawn up by the Manager (Personnel) and forwarded by the General Manager (Personnel) to the various General Managers of the Corporation at different stations, including Lucknow, Delhi, Bareilly, Dehradoon and Allahabad as the final seniority list, where the petitioner was placed at Sr. No. 35.

3. The petitioner says that he was discharging his duties as an Office Assistant continuously since the year 1991. The respondents divided the post of Office Assistants into two categories, to wit, Office Assistant Grade-I and Office Assistant Grade-II. It is the petitioner's case that notwithstanding his continuous service since the year 1991, he was neither considered for regularization nor paid his salary in the pay-scale of a regular Office Assistant Grade-I. The Senior Manager (Personnel-II) circulated a notice for the purpose of finalizing a seniority list of muster roll stenographers, office assistants and certain other employees. The personnel working on the muster roll were required to furnish necessary documents for consideration of their claim for regularization. The notice aforesaid dated 6.3.1995, that was published by the Senior Manager (Personnel-II), Lucknow, shows the petitioner's name at Sr. No. 15. In response to the notice aforesaid, the petitioner handed over the certificate issued to him by the then Staff Officer dated 19.10.1989, showing his date of appointment as an Office Assistant on the muster roll. This was done within two days of the notice published by the Senior Manager (Personnel-II).

4. A representation was also addressed by the petitioner to the Managing Director of the Corporation, carrying a request that the petitioner's relevant service record, together with experience certificate, detailed in his representation dated 23.12.1995, may be forwarded to the Headquarters in order that he may get his