ALLAHABAD DEVELOPMENT AUTHORITY Vs. STATE OF U P

JUDGEMENT

(1.) THE matter here concerns the regularisation of the services of adhoc employees of the Allahabad Development Authority working on daily wages. THE claim for regularisation being founded upon the instructions of Government of July 6, 1978 (Annexure 4) and of October 24. 1989 (Annexure R.A. 1) to the effect that the services of employees who had been working for more than three years, on the dates specified therein, be regularised.

(2.) ALL the Writ Petitioners, claiming regularisation, were appointed as Clerks on daily wages in 1989 except Naresh Chandra Pandey who was appointed as Supervisor in 1985, again on daily wages

(3.) FURTHER, as pointed out in the Counter Affidavit filed on behalf of the Allahabad Development Authority, it was only in the year 1987 that the Government had sanctioned some regular posts against which regular appointment of Clerks on daily wages who were working at that time were made and the appointments so made were strictly in accordance with seniority. It was also pointed out that the writ petitioners had been appointed from time to time on daily wages on different projects/schemes, as and when such projects and schemes came in existence. It was categorically stated that they were never transferred from one project to another. It could not, therefore be said, that while working on daily wages the Writ Petitioners were performing the work as done by the regularly appointed Clerks. It was also specifically stated that no work of any importance of any identical naturr as that of regular Clerks were ever entrusted to those engaged on daily wages. Such being the situation, there was thus clearly no occasion to warrant regularisation of services of the Writ Petitioners including of Naresh Chandra Pandey.