Rakesh Tiwari - (1.) -The petitioner was initially appointed as Class IV employee on daily wages under the Assistant Soil Conservation Officer, Jhansi. It is alleged that he was considered for grant of regular appointment by the selection committee in its meeting held on 8.6.1998 and was recommended for appointment in the regular pay scale vide order dated 29.8.1998 issued by the Assistant Soil Conservation Officer, Jhansi as under : ...[VERNACULAR TEXT OMMITED]...
(2.) IT is contended that the impugned order has been passed on the direction of the Joint Director of Agriculture (Extension), Jhansi Division, Jhansi for termination of services of the petitioner and that it has been passed in contravention of the principles of natural justice. IT is further contended that the petitioner has been granted appointment in regular scale based upon recommendations of the duly constituted selection committee and as such his appointment cannot be dispensed with. The petitioner has prayed the following main reliefs : (a) A writ, order or direction in the nature of certiorari quashing the order dated 4.3.1999 passed by the Assistant Soil Conservation Officer, Jhansi (Annexure- 2 to the petition). (b) A writ, order or direction of a suitable nature commanding the respondents not to interfere in the functioning of the petitioner as a Class IV employee under them and to pay his regular monthly salary in the pay scale applicable to the said post." From perusal of the letter of appointment it is apparent that the services of the petitioner were temporary and he was only given a pay scale admissible to the regular employees on the principle of equal pay for equal work. It is also apparent from the aforesaid letter dated 29.8.1998 that his services were liable to be terminated at any time. It is contended by the counsel for the respondents that daily wagers are engaged for the time being on the availability of work and fund in the department and that the petitioner was appointed by the then Assistant Soil Conservation Officer Sri Ranvir Singh who is under suspension as Class IV employee without there being any vacant post and without constitution of selection committee or following the recruitment rules. The appointment of the petitioner being wholly illegal was therefore, terminated only after four months in accordance with law. The petitioner has been paid his salary for the said period against a higher post by the then Assistant Soil Conservation Officer Sri Ranvir Singh who is under suspension.
(3.) THE Apex Court in State of Punjab and others v. Sardara Singh, (1998) 9 SCC 709, held that the High Court should not issue any direction where appointment is on daily wages. THE prayer (b) of the petitioner if allowed would amount to regularisation of his services. The decision in this case would require oral and documentary evidence for coming to a finding of fact. The petitioner is a Class IV employee. He has an alternative and efficacious remedy of approaching the labour court as has been held in Full Bench Decision of this Court in Chandrama Singh v. Managing Director, U. P. Co-operative Societies Union, Lucknow, 1991 (2) AWC 1005 : 1991 UPLBEC 898 and in Scooters India Ltd. v. Vijai E.B., Elders, 1998 SCC (L and S) 1611.;