LAWS(MPH)-2016-5-73

RAMESH SAINI Vs. STATE OF M P

Decided On May 13, 2016
RAMESH SAINI Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) The petitioners have filed this petition praying for a direction to the respondent/authorities to regularize the services of the petitioners on the post of peon and pump operator and give them all consequential benefits.

(2.) The aforesaid claim of the petitioners is based on the decision of the Supreme Court rendered in the case of Secretary, State of Karnataka and Others vs. Umadevi and Others, reported in (2006) 4 SCC 1. It is stated that in the present case as all the petitioners have rendered service for more than 10 years with the respondent, they may be directed to be regularized on the post on which they are working and be given all the consequential benefits.

(3.) Having heard the learned counsel for the petitioners, I am unable to locate any observation in the decision of the Supreme Court in the case of Umadevi (supra) to the effect that in all cases where a person is working as daily wager for more than ten years has to be regularized and has to be paid regular salary. On the contrary, the Supreme Court in the case of Umadevi (supra) has deprecated the practice of regularizing daily wage employees and while doing so has stated that in case some persons who have been working as daily wagers for more than ten years as on the date of the judgment and have been engaged against the said post after following some procedure prescribed by law and that their engagement is not wholly illegal but irregular and vacant posts are available then such persons may be considered for regularization on the post as a one time measure.