DASHRATH BIND Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri O.P. Gupta, learned counsel for the petitioner and Sri Rakesh Sinha, learned counsel for the respondents.

(2.) By means of the present writ petition, the petitioner has challenged the order dated 31.8.2004, passed in Original Application No. 958 of 2004, filed by the petitioner, whereby the claim of the petitioner for his regularization with effect from 3.10.1985 has been rejected.

(3.) The brief facts of the case, set up by the petitioner in the writ petition, are that the petitioner was initially appointed as an Assistant Craftsman on 28.5.1978. There is no dispute that he was engaged as a casual labour/daily wager. On account of his illness, he remained absent from 28.8.1989 to 8.11.1990. On 8.11.1990, when he requested to join the duty, he was not allowed to join the duty vide order dated 29.11.1990. The petitioner has been informed that since his services were as a daily wager and post has now been filled and as such his appointment was not possible.