PAKHANDI Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and learned Standing Counsel for the respondents. Petitioner's request for regularization has been turned down by District Horticulture Officer, Chandauli only on the ground that he has never been engaged as a regular Mali or against the post of a regular Mali but since he is a daily wage Mazdoor, therefore, is not entitled for regularization under U.P. Regularization of Daily Wages Appointments on Group D Posts Rules, 2001 (hereinafter referred to as the "Rules, 2001"). Another ground taken for non-suiting petitioner for regularization is that he is not continuously working.

(2.) Petitioner has specifically stated that he is working as daily wage Mali since May, 1983 till the date of filing of this petition and in this regard he has also placed before this Court Annexure-1 to the writ petition, whereby the Incharge Assistant Horticulture Inspector, Chandauli has verified his working from September, 1993 to 2003-2004.

(3.) Under Rules, 2001 a daily wage employee is not required to work continuously since it is against the very nature of engagement on daily wage basis. The petitioner has claimed that he was engaged as daily wager before 29.6.1991 and continued to be engaged as daily wage employee on 21.12.2001. This fact as such is not disputed by the respondents.