DHARAM PAL Vs. EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT

JUDGEMENT

(1.) Heard Sri Anurag Upadhyay holding brief of Sri Ramesh Singh, learned counsel for the petitioner and the learned standing counsel.

(2.) It appears that petitioner was engaged as daily wager in the Public Works Department on 26th December, 1991. He was assigned the work of Walah-cum-Chowkidar and he was doing satisfactory service, however an order dated 20.7.1991 issued by Executive Engineer. Temporary Division, P.W.D., Etawah, to all the Assistant Engineer of relevant area whereby the maintainability and deployment of daily wagers were being against such modalities of deployment. The petitioner has approached and filed this writ petition.

(3.) Counter-affidavit has been filed. According to the respondent, the petitioner was engaged as a daily wager on the need of work and deployment of petitioner being a daily wager was on temporary basis. The service of the daily wager commences in the morning and comes to an end in the evening. The deployment of petitioner as a daily wager was made in view of the provisions of para Nos. 429 and 430 of Financial Hand Book Vol. VI and it was noticed that even when no work was available and without any need the deployment was being made putting pressure over the state exchequer. According to the petitioner, being a daily wager, he was paid wages for the days he was deployed. According to the respondent as a major of policy and in the interest of administration, the deployment of daily wager/muster role was to be regulated, as the petitioner/daily wager was not appointed after observing any procedure or by observance of any rules. The deployment of daily wager was a contractual deployment, which may come to an end every evening therefore, the order dated 20th July, 1991 passed. The daily wagers have no right to the post and even non-renewal of contractual deployment is not illegal or is not retrenchment in view of the decision of Supreme Court in Escorts Ltd. v. Presiding Officer and Anr., (1997) 11 SCC 521. Here in the present case the circular letter dated 20th July. 1991 was only issued in respect of the modalities for payment to the daily wagers which pertains to the policy as well as the financial aspects of the matter.