U.P. & Ors Vs. U.P. Madhyamik Shiksha
Parishadshramik Sangh & Anr  INSC 632 (6 November 1995)
K. Ramaswamy, K. Kirpal B.N. (J)
1996 AIR 708 1996 SCC (7) 34 JT 1995 (9) 132 1995 SCALE (6)434
O R D
heard the learned counsel on both sides, we think that it is a fit case for our
interference under Art, 136. It would appear that the respondent is
representing daily wagers in class IV service working with the U.P. Madhyamik Siksha
Parishad, U.P. Though the High Court had found that they have been regularly
working for over 15 years doing similar work on par with the regular Class IV
employees and consequentially directed the appellants to pay equal pay for
equal work and also regularisation of their services by creating appropriate
posts, we thin that the directions given do not appear to be correct.
an administrative procedure that creation of a post is a condition for filling
up the post on permanent basis. The exigencies of the administration and the
need for the creation of number of posts are matters of executive policy by the
appropriate government. It is stated in the Special Leave Petition filed in
this court that during the examinations conducted by the Board, when the
exigencies demand for doing the manual work like lifting of bundles, pasting of
envelopes and shifting of answer books etc. the daily wagers are engaged and a
sum of Rs.25/- per day was being paid as fixed by the dist. Magistrates of
Allahabad under the Minimum Wages Act. Unless the posts are created, they are
not entitled to be fitted into any regular post.
performance of the manual duty may be like the duty of regular class IV
employees. However, they are not entitled for the payment of equal wages so
long as there are no posts created in that behalf. We can understand that if
there are vacant posts available in Class IV and they are filled up by
appointing them to these posts on daily wages performing the same duties of
regular employees, perhaps there may be justification for issuing directions
for regularisation of their services according to rules and payment of the
salary to the post to which they are fitted. But in view of the fact that no
posts are created or existing, we cannot uphold the direction issued by the
High Court to pay equal wages or to regularise their services.
stated in paragraph 5(h) of the S.L.P. that the Board has been regularising
daily wagers in class IV service as and when the post is created or falls
vacant, on the basis of length of engagement of the daily wagers and
performance of the work. The procedure so adopted is fair.
these circumstances, we think that the appropriate course would be that as and
when regular posts are created or posts fall vacant, these daily wage
employees, on the basis of their seniority, length of service and performance
of work, may be considered for regularisation according to rules and rules of regularisation
according to rules and rules of reservation in vogue. Until then their services
will be taken as and when exigencies would arise and payment of daily wages
made as determined by the District Magistrate from time to time.
appeal is accordingly allowed. No costs.
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