A.K. Yog, J. - (1.) Petitioner was appointed as daily wager on class IV post of Mali. He has been allowed to continue except for artificial break as mentioned in paragraph 2 of the writ petition. According to the appointment letter dated 19.6.1995, the services of the petitioner had come to an end automatically in case a regular employee come to join the said post on transfer or otherwise regular selection was made.
(2.) Under interim order dated 4.2.1998, petitioner had been allowed to continue. There is no averment in the counter-affidavit, filed on behalf of respondents, that petitioner suffers from inherent disqualification or is otherwise not desirable or fit person to continue in service. In view of the above, it will be appropriate that the respondents be restrained from interfering with the working of the petitioner as daily wager on the post of Mali provided the quantum of work justify the same and the petitioner has not otherwise rendered himself disqualified/unfit because of his conduct etc. and he be paid wages equivalent to the minimum of the regular pay scale of Mali in the Department till his regularisation or other regular incumbent joins the post. It is made clear that respondents shall not terminate the services of petitioner so long as the person junior to him as daily wager is retained or otherwise his services are determined in accordance with law, on the ground of the petitioner being unfit/undesirable and further petitioner shall be considered for regular absorption in accordance with relevant rules/scheme, if any, and shall be entitled to be considered for regular selection as and when the department proceeds with the same in accordance with law.
(3.) Writ petition is allowed as indicated above. No order as to cost. Petition Allowed.;