R.B.MISRA,J. - (1.) HEARD Sri H.N. Singh, learned counsel for the petitioner and Sri S.P. Singh, learned Standing Counsel for the respondents. In this petition prayer has been made to regularize the service of the petitioner as Driver in Zila Yuwa Kalyan Avam Prantiya Vikas Dal, U.P. Mirzapur and for payment of salary equivalent to the regular employee.
(2.) IT appears that repeated directions were made by this Court on 27 -10 -2004, 24 -11 -2004, 1 -12 -2003, 27 -1 -2004, 17 -3 -2004, 30 -4 -2004 and 19 -8 -2004 where the instructions were to be provided on behalf of the respondents in respect of creation to the post of driver against which the petitioner is rendering work. According to the petitioner, the undisputed facts emerging from the pleadings and the records are that petitioner after his deployment from the year 1987, he has been continuously working as a driver as daily wages and his conduct and performance through out is satisfactory. At the relevant time while being engaged as daily wager in the year 1987, he was in possession of required qualification of a regular employee. Since the petitioner had been rendering work and is deployed for more than one and half decades, therefore, according to the petitioner the post is treated to be in existence however this aspect is being denied by the respondents. The denial of existence of post is on the instructions of the respondents or the State Government to the Standing Counsel. According to the petitioner when the petitioner is deployed as a driver since very long time, by no stretch of imagination it could be said that post is not in existence. According to him undisputedly, the work is available and fund is being disbursed for driving vehicle. In these circumstances, the petitioner is entitle to be regularized in view of the Uttar Pradesh Regularisation of Daily Wages Appointment on Group 'C' Posts (outside the purview of the Uttar Pradesh Public Service Commission) Rules, 1998 which provides as under: Regularizetion of daily wages appointments on Group 'C' Posts - (1) Any person who - (i) was directly appointed on daily wage basis on Group 'C' posts in the Government service before June 29,1991 and is continuing in service as such on the date of commencement of these rules; and (ii) possessed requisite qualifications prescribed for regular appointment for that post at the time of such appointment under the relevant service rules on daily wage basis, shall be considered for regular appointment on group 'C' post in permanent or temporary vacancy as may be available on the date of commencement of these rules, on the basis of his record and suitability before any regular appointment is made in such vacancy in accordance with the relevant service Rules or orders. (2) In making regular appointments under these rules, reservations of the candidates belonging to the Scheduled Castes, Scheduled Tribes, other Backward Classes and other categories, shall be made in accordance with the Uttar Pradesh Public Service (Reservation for Scheduled Caste. Scheduled Tribes and Other Backward Classes) Act, 1994 and the Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex -Servicemen) Act, 1993, as amended from time to time, and orders of the Government in force at the time to regularization under these rules. (3) For the purpose of sub -rule (1) the appointing authority shall constitute a Selection Committee in accordance with the relevant provisions of Services Rules. (4) The appointing authority shall, having regard to the provisions of sub -rule (1), prepare an eligibility list of the candidates, arranged in order of seniority as determined from the date of order of appointment and, if two or more persons are appointed together, from the order in which their names are arranged in the said appointment order. The list shall be placed before the selection committee along with their character rolls and such other records, pertaining to them, as may be considered necessary to assess their suitability. (5) The Selection Committee shall consider the cases of the candidates on the basis of their records referred to in sub -rule (4) and if it considers necessary, it shall interview the candidates also to assess their suitability. (6) The Selection Committee shall prepare a list of selected candidates arranging their names in order of seniority and forward the same to be appointing authority. Following submissions were made for and on behalf of respondents by Sri S.P. Singh, learned Standing counsel. The daily wagers may be regularized, provided vacancies, posts are existing and in consonance to Rules, regulations, scheme or Government order, for the purpose compatible with the constitutional provisions particularly those embodied in Articles 14, 16, 38, 39, 41 and 43 of the Constitution with particular reference to the doctrine of 'social justice' which the Supreme Court as expatiated upon in Air India Statutory Corporation v. United Labour Union, (1997) 9 SCC 377, as under: "Social justice, equality and dignity of persons are cornerstone of social democracy. Social justice is a dynamic device to mitigate the suffering of the poor, weak, Dalits, tribals, and deprived sections of the society and to elevate them to the level of equality to live their lives with dignity of person..........Social security, just and humane conditions of work and leisure of workman are part of his meaningful right to life and to achieve self -expression of his personality and to enjoy the life with dignity." 
(3.) THE learned Counsel in support of the aforementioned contentions has relied upon the decision of Surinder Singh v. The Engineer in Chief, CPWD and Ors., AIR 1986 SC 584, Sushil Kumar Yadunath Jha v. Union of India, AIR 1986 SC 1636, Jacob M. Puthuparambil v. Kerala Water Authority and Ors., AIR 1990 SC 2228 and Karnataka State Private College Stop Gap Lecturers Association v. State of Karanataka and Ors., AIR 1992 SC 677 as well as the decision of A.K. Jain v. Union of India, 2 SC. Service Law Journal 203 (Sic) and Rajinder v. State of Punjab and Ors., 2 SC Service Law Journal 521 (Sic).;