STATE OF UTTAR PRADESH Vs. MOHSIN ALI

JUDGEMENT

(1.) These special appeals have been filed against the interim order dated 12-8-1996 passed by the learned Single Judge in Writ Petition bearing No. 3358 (S/S) of 1995 (Mohsin Ali and Ors. v. State of U.P. and Ors.) that the petitioners of this Writ Petition shall also be entitled to the similar benefits as have been given to the petitioners of Writ Petition No. 4295 (S/S) of 1996 and 4409 (S/S) of 1996 and those petitioners who have put in five years or more shall be entitled to minimum of the pay scale to which a regularly placed class IV employee is entitled this benefit shall be made effective with effect from 15th August, 1996.

(2.) The Special Appeal No. 83 (S/B) of 1999 was filed against the order dated 18th March, 1998 in which the Hon'ble Single Judge passed an order that till further orders of this Court the petitioners shall continue to get their salary as they had drawn upto 25-1-1998 as per the revised pay scale. The petitioners shall also be entitled to other benefits. The salary including the arrears shall be released forth-writ as directed above.

(3.) The contention of the learned Standing Counsel is that the Hon'ble Single Judge, be means of the interim relief, have more or less allowed the writ petition because the final relief which could have been granted have been granted at the initial stage and the said order runs contrary to the conditions of engagement of daily wager/muster role worker as contained in Paras 429 and 430 of the Financial Handbook, Vol. VI. The daily wager/muster role workers cannot claim as a matter of right their regularisation irrespective of number of years they put in as daily wagers/muster role. It was submitted that the State of U.P. itself has devised a scheme on 18-1-92 which was issued by the Engineer-in-Chief, Public Works Department for regularisation of those daily wagers/muster role who have completed three years continuous engagement on or before 1-3-87. None of the respondents have completed three years continuous engagemen on or before 1-3-87. It was also submitted that in the absence of any others relief, the Government is not bound to regularise the services of such daily wager/muster role workers in view of this fact that for the purposes of regularisation, the Engineer-in-Chief, Public Works Department has devised a scheme and cut of 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.