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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Sangeeta Chandra, J.
Shiv Chandra Bahadur and Others – Appellants
Versus
State of U.P. and Others – Respondents
Writ Appeal No. 14539 of 2017
Decided On : 27-11-2018
Regularisation - Employment Dispute - Government Order dated 8.9.2010, Government Order dated 13.8.2015, Articles 14 & 16 of the Constitution of India, Secretary, State of Karnataka vs. Uma Devi, 2006 (4) SCC 1, U.P. Power Corporation Ltd. vs. Bijli Mazdoor Sangh and Others, 2007 (5) SCC 755, Vice Chancellor, Lucknow University, Lucknow vs. Akhilesh Kumar Khare and Another, 2016 (1) SCC 521 - The court discussed the Government Orders, constitutional provisions, and relevant case laws in the context of regularizing the services of daily wage employees.
Fact of the Case:
The petitioners, daily wage employees, sought regularisation of their services in the Corporation. The Corporation rejected their claim, citing lack of documentary proof of continuous employment and financial constraints.
Finding of the Court:
The court found that the petitioners failed to provide documentary evidence of continuous employment and that the Corporation lacked the financial capacity to undertake additional liability. It dismissed the writ petition, stating that the petitioners had no vested right for regularisation.
Issues: Dispute over regularisation of daily wage employees' services, lack of documentary proof of continuous employment, and financial capacity of the Corporation.
Ratio Decidendi: The court held that the petitioners had no vested right for regularisation and that the financial capacity of the Corporation limited its ability to regularise the services of the petitioners.
Final Decision: The writ petition was dismissed with no order as to costs.
ORDER :
1. This writ petition has been filed by 164 daily wage/muster roll/work charge employees of the Corporation challenging the order dated 4.1.2017 passed by the respondent no. 5- Chief Engineer (Distribution) Purvanchal Vidyut Vitaran Nigam Ltd. Allahabad Zone, Allahabad and praying for a writ in the nature of mandamus commanding the respondents to regularise the services of the petitioners in the Corporation with all service benefits as admissible.
2. It has been submitted by the learned counsel for the petitioners that the petitioners have been working continuously as daily wagers in the Electricity Department since before 29.6.1991. The Special Secretary (Finance) Government of U.P. Lucknow issued a letter dated 8.9.2010 communicating the decision of the Government to regularise all daily wage/muster roll employees working since before 29.6.1991 in Government Departments, Local Bodies, Development Authorities and Public Sector Corporation, even if there was a necessity to create supernumerary posts for such regularisation. However, the case of the petitioners was not being considered even for though the Corporation had in principle adopted the Government Order for implementation.
3. When the Hon'ble Chief Minister was approached in the matter, his office wrote a letter to the Chairman/Managing Director of the Corporation on 12.10.2010 to examine the matter of regularisation of its employee. Still no heed was played and a reminder was issued from the office of the Hon'ble Chief Minister on 7.2.2013.
4. In pursuance of such letters, the Chief Engineer (Administration), Varanasi wrote to the Director (Personnel Management and Administration) approving in principle the regularisation of 331 employees of the Corporation.
5. It has been submitted that in pursuance of letter sent by the Chief Engineer (Administration), the exercise for regularisation was initiated, by issuing a letter to the Secretary, Dainik Vetan Vidyut Karmchari Sangh, Allahabad seeking information with regard to 331 daily wage workmen.
6. A meeting was held in the office of the Chief Engineer (Distribution), Allahabad Zone, Allahabad on 30.3.2016 and notices were served upon the 331 daily wage/contract employees to appear in the office personally along with the documents to show that they were working since before 29.6.1991. In pursuance of such letter, 266 applicants approached the respondents and their case was forwarded by Secretary, Dainik Vetan Vidyut Karmchari Sangh, Allahabad.
7. The case of the petitioners who are 164 in number was also forwarded and was included in the claim of the 266 applicants. The documents were verified and the report submitted, but no action was being taken, and therefore the petitioner approached this Court in Writ Petition No. 48774 of 2016 which writ petition was disposed of by this Court on 6.10.2016 with a direction to the respondents to take a final decision in the matter. The decision was directed to be taken in accordance with law. After this writ petition was disposed of on 6.10.2016, the respondent no. 5 has passed the impugned order rejecting the claim for regularisation.
8. It has been submitted by the learned counsel for the petitioners that the rejection has been completely arbitrary and without considering the fact that the petitioners have proof that they have been working since before 29.6.1991 as daily wagers in the Corporation.
9. Learned counsel for the petitioners has referred to the earlier report dated 29.7.2013 sent by the Chief Engineer (Distribution), Allahabad Zone, Allahabad to the Chief Engineer (Administration), Varanasi. In this report, the names of all the petitioners herein are mentioned and their dates of initial engagement and also that they are working in the Corporation till the date of submission of such report.
10. It has been submitted that despite a recommendation being made in favour of the petitioners also by the Chief Engineer (Distribution), Allahabad Zone, Allahabad dated 29.11.2010 file
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