RAM NARESH Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant writ petition under Article 226 of the Constitution has been filed, inter-alia, praying for the following reliefs:

(2.) The facts, in brief, are that the petitioner is working in Rural Engineering Services Department, Sumerpur Store as a Chaukidar/Peon on 23.01.1995. The Rural Engineering Services Department (hereinafter referred to as the 'Department') is a permanent department having permanent officials, site, but still the petition is being paid the minimum daily wages of Rs.58 per day to be paid monthly. In the Department of Sumerpur Store, the petitioner and one Jai Ram are working as daily wager Chaukidar/Peon and there is no other permanent Chaukidar/Peon. Both are performing their duty day and night. They have completed more than 18 years of their services on 22.01.2013, but the respondent-department deliberately neither regularized their service nor provided the minimum wages as per Rules in spite of the order of this Court dated 19.03.2010.

(3.) On 23.05.2008, this Court passed the interim order and directed that as an interim measure, the respondents are restrained from dispensing with the services of the petitioner and petitioner will also be permitted to continue in service and shall be paid his salary till the next date of listing.