JITENDRA Vs. STATE OF U P

JUDGEMENT

(1.) The petitioners who are 13 in number have been working as daily wagers in the office of Director, Geology and Mining, U. P., Lucknow. Some of the petitioners were engaged in the year 1982, while some were engaged in 1983. 1984. 1985. 1986. 1987. and 1988. Admittedly the petitioners are continuously working till date as dally wagers and they have not been given the status of regular employees or confirmed employees of the department. No doubt the wages have been revised from time to time. The petitioners being aggrieved by their non-absorption and non-regularization. approached this Court by means of present writ petition with the prayer that a direction be issued by this Court to the opposite parties to absorb the services of the petitioner on regular basis in the regular pay scale and to consider their reguiarization.

(2.) On the first date of hearing. i.e., 26.9.1991 this Court while granting six weeks' time to the learned standing counsel to seek instructions specifically directed the opposite parties to indicate if any steps for absorption and payment of salary in regular scale to the petitioner has been taken or not.

(3.) The claim of the petitioners are that since they have been working continuously and performing the duties of regular nature since the very first day of Inception of their services, they are entitled for regularlzation and for consequential benefits of service. It has also been urged that at no point of time any shortcoming has been Indicated or the petitioners have been warned about any mischief or Inefficiency on their part in performance of their duties, as such, the petitioners are entitled for being regularized on the post on which they are working on dally wage basis.