S.S. Sudhalkar, J. - (1.) THE case of the petitioner is that he was appointed as a daily wager on 13.11.1990 and worked without any break upto 30.4.1995. From 1.5.1995, the services of the petitioner have been converted from that of daily wager to adhoc and after 1.5.1995 he continued on ad hoc basis. The petitioner made a representation for regularisation of his services. However, the respondents have not regularised him and rejected his request. Hence this writ petition has been filed by the petitioner.
(2.) THE reasons given by the respondent in the impugned letter dated 15.7.1997, copy Annexure P/5 are that he has not completed two years service upto 31.1.96 because as per his service record he was appointed on ad hoc basis on 1.5.1995. The contention of the counsel for the petitioner is that had he continued on daily wage basis because of the three years service on 31.1.96, he would have been regularised. Learned counsel for the petitioner has argued that the petitioner had two year's service prior to 31.1.1996 which was the cut -off date, though the service prior to 1.5.1995 was on daily wage basis.
(3.) THE policy regarding regularisation of services of daily rated employees is as under : - "2. Daily Rated Employees - That only such daily -wagers who have completed three years service on Group C posts on 31 st January, 1996, and were in service on 31st January, 1996, shall be regularised against their respective Group C posts, provided they fulfil the requisite qualifications and were originally appointed on Group C posts and the posts are available. If the posts are not available, they should be got created from the Finance Department or they should be regularised in Group D scale on compassionate grounds like other daily -wagers, provided further that they have worked for a minimum period of 240 days in each year and the break in service in any year is not more than one month at a time." For the adhoc employees, the policy for regularisation is as under : - "1. Adhoc Employees - (i) That only such ad hoc employees, as have completed two years service on 31st January, 1996 and were in service on that date should be made regular. However, break in service rendered on ad hoc basis upto a period of one month may be condoned excluding breaks occurring because of the concerned employee having left service of his own volition or where the adhoc appointment was against a post or vacancy for which no regular recruitment was required or intended to be made i.e. leave arrangements or filling up of other short time vacancies may not be condoned.";