JUDGMENT Hon’ble S.U. Khan, J.—Heard learned counsel for the petitioner. 2. The case of the petitioner is that he is a daily wage employee since 1993 in U.P. Irrigation Department posted at Jaunpur but his services have not been regularised. He is being paid increased pay-scale (Paragraph-9 of the writ petition) but he has not been regularised. The prayer is that respondents may be directed to regularise the services of the petitioner on the post of Beldar in the Department of Irrigation, Division Jaunpur. The second prayer is that salary under regular pay-scale may be directed to be paid to the petitioner. Learned counsel for the petitioner has placed reliance upon two authorities. One is of this Court in Betu Prasad v. State of U.P., 2001 (1) AWC 196 and the other is of the Supreme Court in State of Haryana v. Piara Singh, AIR 1992 SC 2130 . However after the judgment of the Supreme Court in Secretary, State of Kiarnataka v. Uma Devi, AIR 2006 SC 1806 , the scenario has completely changed. 3. State of U.P. has framed U.P. Regularisation of Daily Wages Appointment on Group-D Posts Rules, 2001, Rule-4 of which provides that only such daily wages employees can be regularised who were directly appointed on daily wage basis on Group-D posts in Government service before June 29, 1991. As the petitioner was appointed in 1993 hence the said Rules cannot be applied to him. 4. Salary in regular pay-scale cannot be provided to daily wagers, however minimum salary must be paid and according to the own case of the petitioner the minimum salary is being paid to him since 2008 (para-9 and Annexure-V of the writ petition). 5. Accordingly, no relief can be granted to the petitioner. Writ Petition is therefore dismissed. 6. However, it is an alarming situation that for 19 years petitioner is working on daily wages basis. There must be thousands of such employees who are working on daily wage posts for more than ten years in different departments of Government of U.P. having been appointed after 29.06.1991. Government must take a decision either for regularising their services by amending the Rules of 2001 or by filling up the posts by regular appointment by providing due weightage to those employees who are working on daily wages basis for a long time particularly more than ten years. 7.
Government must take a decision either for regularising their services by amending the Rules of 2001 or by filling up the posts by regular appointment by providing due weightage to those employees who are working on daily wages basis for a long time particularly more than ten years. 7. Office is directed to supply a copy of this order free of cost to Sri S.P. Mishra, learned standing counsel for sending the same to Principal Secretary, Irrigation and Chief Secretary, Government of U.P. ——————