BHAGWAN DIN, J. ( 1 ) THE petitioner asserts that he worked as a Peon on daily wage basis in the office of Mining officer, Collectorate, Hamirpur from August 1, 1990 to December 5, 1995 without break and he has been illegally disengaged from employment without any reasonable and sufficient cause and has been thrown out of job. ( 2 ) IT is prayed by the petitioner, that a writ in the nature of mandamus may be issued, directing the respondents to allow the petitioner to continue on the post of Peon in the office of Mining officer, in Collectorate, Hamirpur and pay him salary admissible to the post. He has also prayed for a direction to the respondent to regularise him on the post of Peon. ( 3 ) HEARD learned counsel appearing for the petitioner and the learned Standing Counsel. A division Bench of this Court in Vimal Chand Pandey v. Engineer-in-Chief, Public Works department, 2000 (1) UPLBEC 240 held that "in our opinion, when a person is appointed on daily wage or on temporary basis then the authority concerned must make up its mind within two or three years of the appointment whether to confirm the said employee or to terminate his service if he is incompetent, but keeping a person on temporary or on daily wage basis for a long period is arbitrary and not justifiable. " ( 4 ) THE petitioner was admittedly engaged as Peon on August 1, 1990 on daily wage basis. He worked, till December 5, 1995, i. e. for about five years and four months. It is admitted that other persons engaged in the office on daily wage basis are still working. Hence in my opinion, the petitioner should be allowed to work and regularised as Peon in the office of Mining Officer, collectorate, Hamirpur. ( 5 ) THE petition is allowed. The respondents are directed to consider the case of the petitioner for engagement and regularisation, in view of the fact that he has already worked for more than three years, and pass appropriate orders within six months from the date of production of a certified copy of this order. .