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KANHAIYA LAL versus STATE OF U.P.& OTHERS

High Court of Judicature at Allahabad

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Kanhaiya Lal v. State Of U.P.& Others - WRIT - A No. 33520 of 1994 [2006] RD-AH 9607 (16 May 2006)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

     Court No.27

Civil Misc. Writ Petition No. 33520 of 1994

Kanhaiya Lal  ..........................................................       Petitioner

Versus

State of U.P. & others  ...........................................      Respondents

............................

Hon'ble Ashok Bhushan, J.

Heard counsel for the petitioner.

By this writ petition the petitioner has prayed for quashing the order dated 30.5.1994 passed by the respondent no. 3 directing termination of all daily wage ad hoc employees working  on Class III and Class IV posts appointed on 17th July, 1991 or subsequently.  On the basis of the said order the petitioner who was appointed on daily wage basis, was directed to be terminated.  Petitioner has also prayed for commanding the respondents to permit the petitioner to continue in service on the post held by him and to pay his arrears of pay since July, 1993.

Petitioner's case in the writ petition is that the petitioner was engaged on daily wage basis vide order dated 22.2.1993 and thereafter continued to work on daily wage basis. Copy of the order dated  22.2.1993  is filed as Annexure -l to the writ petition which indicate  that the petitioner has been engaged on daily wage basis on temporary basis till further orders.  Learned counsel for the petitioner has relied on the supplementary affidavit dated 12.2.2001 in which it has been averred  that two persons Sanjay Kumar and Krishan Dayal  who were, according to the petitioner, also working on daily wage basis, have been allowed to continue. It is contended that directing other daily wagers to continue is arbitrary.

I have considered the submissions and perused the records.

A detailed counter affidavit  has been filed in which it has been stated that the policy decision was taken to terminate the daily wagers appointed on or after 17th July, 1991.  The petitioner having been appointed on daily wage basis on 22.2.1993 without  complying any statutory rules of appointment, no error can be found  in the order dated 30.5.1994 directing for  termination of all daily wage employees.  A policy decision has been taken to terminate the daily wage employees appointed on 17.7.1991 or thereafter.  No fault can be found in the said order.  The petitioner was not appointed on any post according to statutory rules governing The recruitment.  Engagement of the petitioner being on daily wage basis he had no right to the post. In so far as the submission of the petitioner that Sanjay Kumar and Krishan Dayal have been allowed to continue,  a supplementary affidavit has been filed by the petitioner himself indicating the reasons.  A letter was issued on 12.10.1994 by the District Programme Officer asking the aforesaid two persons to appear for type test on 21.10.1994 in pursuance of the Directorate letter dated 6.10.1994.  It appears that the said two persons appeared for type test and thereafter  another order was passed in their favour in January, 1996 appointing them  as a temporary clerk. Thus Sanjay Kumar and  Krishan Dayal have not been allowed to continue on daily wage basis but their continuance  is on the basis of their selection for appointment as temporary clerks by the Directorate  in pursuance of the decision dated  6.10.1994.  The submission of the petitioner that the other daily wage employees have been allowed to continue  which is discriminatory  and arbitrary has no substance.  The petitioner's prayer in the writ petition is to quash the order dated 30.5.1994 and directing the respondents to permit the petitioner to continue in service on the post held by him and to pay his arrears of salary.  As observed above, the petitioner having been appointed on daily wage basis de horse the rules no ground has been made out to quash the order dated 30.5.1994.

The writ petition lacks merit and is dismissed.

D/-16.5.2006

SCS    

 


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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