ORDER

Leave granted. We have heard learned counsel on both sides.

2. This appeal by special leave arises from the Division Bench judgment of the Allahabad High Court, made on November 9, 1995 in Special Appeal No. 302/95.

3. The admitted position is that the respondent came to be appointed on daily wage basis on February 14, 1985 as Class IV employee, Nursing Orderly, in the Medical College by the Medical Superintendent. When the respondent filed a writ petition in the High Court for his regularisation, the learned single Judge pointed out that the respondent has not brought to the notice of the Court, any statutory rule under which the respondent could be regularised, on the basis of the service rendered by him as a daily wage earner. Even the method of recruitment adopted by the Superintendent was not proper inasmuch as he did not call applications. The Division Bench reversed the decision of the learned single Judge and had given directions. It is now settled legal position that there should exist a post and either administrative instructions or statutory rules must be in operation to appoint a person to the post. Daily wage appointment will obviously be in relation to contingent e