SWAMI NATH PAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner. The case of the petitioner is that he is a daily wage employee since 1993 in U.P. Irrigation Department posted at Jaunpur but his services have not been regularised. He is being paid increased pay-scale (Paragraph-9 of the writ petition) but he has not been regularised. The prayer is that respondents may be directed to regularise the services of the petitioner on the post of Beldar in the Department of Irrigation, Division Jaunpur. The second prayer is that salary under regular pay-scale may be directed to be paid to the petitioner. Learned counsel for the petitioner has placed reliance upon two authorities. One is of this Court in Beat Prasad v. State of U.P., 2001 1 AWC 196 and the other is of the Supreme Court in State of Haryana v. Piara Singh, 1992 AIR(SC) 2130 However after the judgment of the Supreme Court in Secretary, State of Karnataka v. Uma Devi, 2006 AIR(SC) 1806 the scenario has completely changed.

(2.) State of U.P. has framed U.P. Regularisation of Daily Wages Appointment on Group-D Posts Rules, 2001, Rule-4 of which provides that only such daily wages employees can be regularised who were directly appointed on daily wage basis on Group-D posts in Government service before June 29, 1991. As the petitioner was appointed in 1993 hence the said Rules cannot be applied to him.

(3.) Salary in regular pay-scale cannot be provided to daily wagers, however minimum salary must be paid and according to the own case of the petitioner the minimum salary is being paid to him since 2008 (para-9 and Annexure-V of the writ petition).