JUDGMENT Hon’ble Servesh Kumar Gupta, J. 1. Having heard learned counsel for the parties, it transpires that petitioner’s services were hired by the Department as a daily-wager and he is working as such since December, 1998. As per the version of petitioner, his father, who was also a daily wager in the Department, died on 11.2.1999 and in place of his father, he was inducted in service on the basis of dying-in-harness (yet no appointment letter to this effect has been brought on record by the petitioner). However, for some reasons, he was removed from the service on 12.5.2008 but by the order of this Court, his engagement for work, which he was already performing, continued in the Department. 2. In the instant petition, petitioner seeks for issuance of writ of mandamus for his regular appointment on the basis of dying-in-harness rules. 3. The Hon’ble Apex Court in the cases of ‘State of Haryana vs. Surendra Kumar’ 1997 (76) FLR Page 305 and ‘State of Haryana vs. Jasmer Singh & others’ 1977 (75) FLR Page 776, has held that the daily wage employees do not hold any post. Thus, these employees cannot be equated with regular work for the purposes of their wages. Thereafter, in a number of cases, the similar view was adopted by the Apex Court. So, this petition is devoid of any merit and is hereby dismissed. 4. However, it is made clear that if there is a vacancy and the scope of work is persisting on the post whereon the petitioner is working, then, subject to his loyalty and dedication towards work, he may be permitted to continue to work as a daily wager till the posts are filled up by issuing the advertisement calling application forms from the eligible candidates. In such regular selection, petitioner may also be permitted to apply on the post provided he fulfills the eligibility criterion.