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1995 Supreme(SC) 1094

B.N.KIRPAL, K.RAMASWAMY
State Of U. P. – Appellant
Versus
U. P. Madhyamik Shiksha Parishad Shramik Sangh – Respondent


1) LEAVE granted.

(2) HAVING heard the learned counsel on both sides, we think that it is a fit case tor our interference under Article 136. It would appear that the respondent is representing daily wagers in Class IV service working with the U.P. Madhyamik Shiksha Parishad, U.P. Though the High court had found that they have been regularly working tor over 15 years doing similar work on a par with the regular Class IV employees and consequentially directed the appellants to pay equal pay tor equal work and also regularisation of their services by creating appropriate posts, we think that the directions given do not appear to be correct.

(3) IT is an administrative procedure that creation of a post is a condition for filling up the post on permanent basis. The exigencies of the administration and the need for the creation of number of posts are matters of executive policy by the appropriate government. It is stated in the special leave petition filed in this court that during the examinations conducted by the Board, when the exigencies demand for doing the manual work like lifting of bundles, pasting of envelopes and shifting of answer books etc. the daily wag



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