- (1.) Aggrieved by the order dated 2.7.2005 passed by the Secretary, U.P. Public Service Commission, Allahabad, the petitioner- appellant filed Writ -A No. 54062 of 2005, Suresh Chand Sonkar Vs. U.P. Public Service Commission and another, which was also dismissed by judgment and order dated 24.8.2012 of the writ court against which the petitioner-appellant has preferred this Special Appeal.
(2.) We have heard Sri U.N. Sharma, Senior Advocate, assisted by Sri Sandeep Shukla holding brief of Sri Chandan Sharma, learned counsel for the appellant and Sri M.A. Qadeer, Senior Advocate, assisted by Sri Mohd. Waris, learned counsel appearing for the respondents and perused the record.
(3.) A perusal of the record shows that the learned writ court has dismissed the writ petition with the following observations:- "The impugned order indicates that the Joint Secretary (Law) had indicated that he was not satisfied with the services of the petitioner, inasmuch as he does not attend office on time and that he is absent without assigning any reason / intimation. The report called from the Joint Secretary (Law) also indicates that the petitioner was displaying insubordination and does not behave like a disciplined daily wager. The order further recites that the complaints had been received from the other section also regarding unsatisfactory services of the petitioner, which suggests that the petitioner is not interested in carrying out his duty sincerely and diligently. Petitioner was only an empanelled daily wager, who was awaiting his regularization in accordance with Rules of 2001, which in turn was dependent on the availability of a vacancy. It is not the case of petitioner that his services stood regularized. A daily wager has no right to a post. The mere fact that his name was included in the panel pursuant to the orders of the Court, cannot enhance his status. Directions for empanelment of daily wagers were made keeping in view the constitutional scheme, so as to ensure certain transparency in the mode of engagement of daily wagers. Disengagement of his service has been brought about after show cause and the consideration of his explanation. No illegality or arbitrariness can be attributed to such order. No relief can be granted to him under Article 226 of the Constitution of India. The writ petition is dismissed. No order as to costs.";