ALLAHABAD HIGH COURT - AUTHORITY CANNOT ALLOW A PERSON TO CONTINUE ON A DAILY WAGE OR FIXED PAY BASIS FOR NEARLY THREE DECADES 

ALLAHABAD HIGH COURT - AUTHORITY CANNOT ALLOW A PERSON TO CONTINUE ON A DAILY WAGE OR FIXED PAY BASIS FOR NEARLY THREE DECADES 

                                                                            27th FEBRUARY 2021

Petitioner has been working as an electrician, lift generator operator, and few others as an employee in the District Development Office, Jaunpur since 1992. He was paid daily after work and a record was maintained. It was submitted by the petitioner that he was entitled to be regularized in the employment of state of class IV post but the authorities have denied it as per rules.

Allahabad High Court - Justice Ashwini Kumar observed that as per the records the Petitioner fulfills all the requirements of regulation under Rules of 2001. To which the state argued that the petitioner was a time-bound employee and hence the regulation does not attract in this case, this statement of the State was rejected by the High Court.

The Court while allowing the Writ and directing the State to regularize his employment observed that, “The authority cannot allow a person to continue on a daily wage or fixed pay basis for nearly three decades without regularizing his appointment. It is with the intent of providing certainty to such persons that regularization rules are framed”.

Author- Papiha Ghoshal