SAT NARAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners filed this writ petition for issuance of a writ of mandamus directing the respondents to regularise the service of the petitioners as per the decision of the Supreme Court and also the instructions of the State Government.

(2.) The petitioners have been appointed on daily wages in the office of respondent No. 3 on muster rolls without issuing any order of appointment during the years 1983 to 1994. According to them, they remained in service till 30th of May, 1994 and thereafter they have not been given any muster roll. Some other similarly situated persons approached this Court and their Writ Petitions were allowed. The services of the petitioners were not regularised, but the services of the persons junior to them have been regularised. In order to seek regularisation of their services, the petitioners filed a writ petition bearing No. 10890 of 1988. By an order dated 2nd June, 1993 this Court passed the following order:-

(3.) On behalf of the respondents, a written statement is filed admitting that the petitioners were employed as casual labourers purely on daily wage basis and it is also contended that the petitioners are paid for the days they are present on duty. Their services are not regular and since they are only casual labourers on daily wages, they are not entitled for regularisation. They further stated that in compliance with the order of this Court referred to above, the case of the petitioners was considered for regularisation in the light of the decision of the Supreme Court in State of Haryana Vs. Piara Singh and the representations of the petitioners were rejected vide orders Annexures, R-3A, R-3B, R-4A and R-4/B. According to the respondents they have not completed 240 days in a year during the period of five years from 1988 to 1993 and therefore they are not entitled to have their services regularised. Therefore, their writ petition is liable to be dismissed.