STATE OF U P Vs. DILEY RAM

JUDGEMENT

(1.) Present special appeal has been filed by the State of U. P. and various Officers working in Public Works Department of the State against interim order dated 19.9.1997 passed by Hon'ble single Judge, which provided that such respondents who have completed ten years as daily wager, be paid salary in the minimum of the pay scale to which regular employees of that category is being paid and the cases of rest of the daily wagers be considered by the Government.

(2.) Learned standing counsel submitted that respondents of the special appeal, who were petitioners in Writ Petition No. 5442 (SS) of 1997 prayed for issuance of a writ in the nature of mandamus commanding the respondents to regularise their services/engagements and the payment of emoluments at par with their counterparts who were regularly selected. The respondents are not entitled for the relief sought in the writ petition, in view of the facts that they are not entitled either to claim regularisation of the engagement or parity in the emoluments, even then by way of interim order Hon'bte single Judge directed that the respondents who had completed ten years as daily wager be paid salary in the minimum of pay scale to which regular employee of that category is being paid.

(3.) It was further contended that by way of interim relief, the final relief, which could be granted in the writ petition, had been granted by Hon'ble single Judge, which could not be done and the said order runs contrary to the conditions of engagement of daily wager/muster role workers as contained in paras 429 and 430 of the Financial Handbook Vol. VI. The dally wager/muster role workers cannot claim as a matter of right, their regularisation irrespective of number of years they put in as dally wagers/muster role. It was submitted that the State of U. P., itself, has devised a scheme on 18.1.1992, which was issued by the Engineer-in-Chief, Public Works Department for regularisation of those dally wagers/ muster role who have completed three years continuous engagement on or before 1.3.1987. None of the respondents have completed three years continuous engagement on or before 1.3.1987. It was also submitted that in the absence of any other relief, the Government is not bound to regularise the services of such daily wager/muster role workers, in view of the fact that for the purposes of regularisation, the Engineer-in-Chief, Public Works Department has devised a scheme and cut off date was mentioned in the process of regularisation. It was not within the Jurisdiction of the Court to take a decision on said subject-matter.