- (1.) M. Katju and D. R. Chaudhary. JJ. Heard learned Counsel for the petitioner and learned standing Counsel.
(2.) THE petitioner has prayed for regularisation of his service as Stenog rapher. Admittedly, the petitioner was ap pointed as Stenographer on daily wage basis in March, 1981 and he has been in continuous service since then Le. ', for more than 18 years. In our opinion, the State Govern ment cannot act arbitrarily in the matters relating to temporary or daily wage employees. No doubt there is a principle in service law that a temporary employee has no right to the post, but this principle has to be considered along with the other legal principle that the State cannot act ar bitrarily. In the case of Smt. Maneka Gandhi v. Union of India and another, AIR 1978 SC 597, it has been held by a 7 Judge Constitution Bench decision of the Supreme Court that the State Government cannot act arbitrarily as arbitrariness vio lates Article 14 of the Constitution. In our opinion to keep a person on daily wage basis for 15 years is wholly arbitrary. Hence on the facts and circumstances of the case, we direct that the petitioner be regularised with in a month from the date of production of the certified copy of this order and he shall be paid regular salary thereafter. With the above observations, the petition is disposed of. Petition disposed of. .;