KAMALESH KUMAR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) In this petition prayer has been made for directing the respondents to regularize the service of the petitioner as IVth class employee and to pay the salary.

(2.) According to the petitioner he was deployed in the year 1985 to the class IV post as daily wager and had continued for some time and he is entitled to be regularized.

(3.) Counter affidavit has been filed which reveals that the petitioner was deployed as Waterman on the payment of Rs. 30/- per month from time to time in the need of work and his emoluments was enhanced to Rs. 150/- per month. The deployment was made absolutely in necessity and requirement of work and when work was not available, the petitioner could not be deployed. According to the respondents, the petitioner being a daily wager has no right to the post as the daily wagers are deployed on contractual basis on a particular day which commences in the morning and came to an end in the evening. Their deployments have not been made according to the procedure prescribed for as a regular employee. The petitioner who has come by back door entry, his engagement and deployment could be dispensed with in the same way. According to the learned counsel for the petitioner in similar situation two other persons have given benefit. On this aspect, if inadvertently some reliefs have been granted to some other persons, the same could not be extended to the present petitioner.