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1998 Supreme(All) 1402

D.K.SETH
KM. GRIH LAKSHMI SRIVASTAVA – Appellant
Versus
DIRECTOR/chief ENGINEER, R. E. S. , LUCKNOWS – Respondent


Advocates Appeared:
H.P.Mishra

D. K. SETH, J.

( 1 ) THE petitioner alleges to have been appointed on work charge daily wage basis in the post of typist in the Department since June. 1994. The petitioner alleges she is still working. By means of this writ petition, she has claimed for regularisation and payment of salary which has not been paid. Mr. H. P. Mishra, learned counsel for the petitioner contends that since the petitioner had been working continuously, she has acquired right to be considered for regularisation and payment of salary in lieu of her service rendered in the department.

( 2 ) MR. K. R. Singh, learned standing counsel, on the other hand, contends that the petitioner being a work charge daily wage labour has no right to the post, therefore, she cannot claim any right to be regularised. However, he very fairly concedes that if the petitioner had been working, she would be eligible to receive salary for the work done by her. The Government cannot exploit any one and obtain work from a person without making any payment.

( 3 ) I have heard learned counsel for the parties. The petitioner having been engaged on work charge daily wage basis, she cannot claim any right to the post as has been held in





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