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Jharkhand High Court · body

2009 DIGILAW 1478 (JHR)

Shyam Sunder Ram v. State of Jharkhand

2009-11-19

J.C.S.RAWAT

body2009
JUDGMENT This petition has been filed under Article 226 of the Constitution of India. The petitioner has prayed that the petitioner's services may be regularized who had been working as casual labour as a Jeep Driver since last eight years. In substance, the petitioner is seeking the regularization of his services. It is further alleged in the petition that the petitioner has served for the last eight years and his services were dispensed with on 26.7.2008. Hence this petition has been preferred. I have heard learned counsel for the parties and perused the record. The learned counsel could not demonstrate that the petitioner was ever attend the status more than a daily casual labour as driver in the respondent's department. The petitioner being a daily wages, he has no right to claim the regularization of his services in the post in which he had worked for a long period. It has been held in State of Karnataka Vs. Uma Devi judgment, Vol-4 SCC page-1 that the persons who had been engaged on the daily wages, they come from the back door and such appointments violets the constitutional mandate enshrined under Article 14 and 16 of the Constitution. They have no right to seek the remedy of being regularized and they can not claim parity with the regularly appointed employees who had been regularly employed under the scheme of the constitution as enshrined under Article 14 and 16 of the Constitution. It was further held when they attend the service they come with open eyes and they know that they have came from back door and they have to go any time from the same door. Such persons can not claim the same parity with the employees. It has been further held in the Uma Devi (Supra) that the daily worker has no legal right to bring the action against the respondents for seeking the Mandamus to get him regularize in the services. In this instant case, the petitioner's services are also on the daily wages and he has no legal right to be regularized. This petition is devoid of merit and liable to be dismissed. Accordingly this petition is dismissed. No order as to cost.