- (1.) HEARD the parties. The prayer of the petitioner in this writ petition is for a direction to the respondents to regularize his service from the date of his appointment with all consequential benefits on the ground that his case comes under Land Looser Scheme since his land appertaining to Khata No. 3, Plot No. 8, Area - 52 Acres was acquired in the year 1981 - 82 for the construction of Water Supply Project by the Government with an assurance of compensation and to provide permanent Government service. According to the petitioner, he was provided employment on daily wage basis and he is still continuing as such.
(2.) A counter affidavit has been filed on behalf of the respondent no. 1 and it is stated therein that the claim of the petitioner for regular appointment cannot be entertained in light of the Finance Department resolution no. 594 dated 18.06.1993 which provides that any appointment made after 01.08.1985 on daily wage basis, muster roll etc. be cancelled, whereas the petitioner was appointed on muster roll after the cut off date 01.08.1985 fixed in the said resolution of the Government. The said Circular clearly says that muster roll employee who has completed 240 days working experience before 01.08.1985, will be given preference in regular appointment. A copy of the said Circular dated 18.06.1993 has been annexed as Annexure -B to the counter affidavit. In the present it is not disputed that the land of the petitioner was acquired by the respondents for the purpose of construction of water supply project by the Government i.e. for Dantar Rural Pipe Water Supply Scheme. It is also not disputed that in lieu thereof, the petitioner was given appointment but on daily wage or muster roll basis. Under the Scheme of the Government, those persons whose land/ houses are acquired for completion of certain Project by the Water Resources Department of the Government, were to be provided employment under that land looser Scheme and the petitioner had been given employment on daily wage basis under that particular Scheme of the Government.
(3.) THEREFORE , in my view, the case of the petitioner stands on different footing to that of the cases of other general employees whose appointments are made on adhoc/ temporary basis other than under any particular Scheme. In such a situation the claim of petitioner for regularizing his service cannot be denied only because he was appointed after cut off date i.e. 01.08.1985 fixed in the Circular of 1993. In fact the said Circular is not applicable in the case of the petitioner since it does not cover the case/ claim of the petitioner.;