Full Judgment
W.P.No.4115/2012 27.06.2012 Shri Rajesh Dubey, learned counsel for the petitioner.
Shri Piyush Dharmadhikari, learned Govt.
Advocate, on advance copy.
Heard on the question of admission.
It is stated by the learned counsel for the petitioner that vide order dated 19.9.1997, the petitioner was appointed against a post of Driver by the order of Chief Executive Officer, Janpad Panchayat Deosar, but on daily wages as per the wages fixed by the Collector.
He has continuously worked on the said post and the vacancy is still available.
However, the claim of petitioner for regularisation is not considered though a representation was made on 16.12.2011.
It is contended that the similar claim made by one Om Prakash Choubey was considered by this Court in Writ Petition No.3167/2010 and the said writ petition was disposed of vide order dated 2.11.2011, directing consideration of the claim of petitioner.
It is submitted that in terms of the said decision, the respondents are liable to consider the claim of the petitioner also.
It is pointed out by learned Govt.
Advocate that the claim as made in the petition filed by Om Prakash Choubey, is not identical to the claim of the petitioner herein, inasmuch as, the petitioner in the aforesaid W.P.No.3167/2010 was terminated without conducting any enquiry and this particular termination order was under challenged.
This Court has considered the claim of the said person in terms of the order of termination and has set aside the order with a direction to consider the case of the petitioner in the said case for regularisation.
Similar is not the claim made by the petitioner herein in this writ petition.
The petitioner was appointed by a written order though on daily wages.
It is not clear whether any regular post of driver was sanctioned in the establishment of respondents or not.
If the petitioner was appointed on daily wages against the regular post, his claim is required to be considered on completion of ten years of period of service on the said post.
Since this period is over in 2007, the petitioner is entitled to be considered for regularisation in terms of the circulars issued by the State Government in compliance of directions of the Apex Court in the case of Secretary State of Karnataka and others versus Uma Devi (3) [(2006) 4 SCC 1].This being so, this petition is disposed of with a direction to the respondents to consider the claim of the petitioner in light of the circulars of the State Government for regularisation in case he is appointed on daily wages against a clear vacancy in an irregular manner.
The said consideration be done within a period of two months from the date of receipt of certified copy of the order passed today, and the decision taken on such claim be communicated to the petitioner within the aforesaid period.
With the aforesaid direction, the writ petition stands finally disposed of.
Certified copy as per rules.
(K.K.Trivedi) Judge.
A.Praj.