MULHE YADAV v. STATE OF U.P. THRU. THE SECY. FOREST DEPTT. LKO. AND ANOTHER
WRIA/7441/2025 · 2025-07-11
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150733 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150733 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:39567 Court No. - 18 Case :- WRIT - A No. - 7441 of 2025 Petitioner :- Mulhe Yadav Respondent :- State Of U.P. Thru. The Secy. Forest Deptt. Lko. And Another Counsel for Petitioner :- Tushar Bhushan Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.
1. Heard learned counsel for the petitioner and learned State Counsel appearing on behalf of the opposite parties.
2. Present petition under Article 226 of Constitution of India has been filed challenging order dated 26.03.2025 whereby representation made by petitioner for re- engagement in service as Daily Wage Employee has been rejected. Also under challenge is order dated 01.01.2023 allegedly terminating services of petitioner on Class IV post as Daily Wage Employee.
3. From a perusal of impugned order, it is quite evident that petitioner was engaged as Daily Wage Employee on a Class-IV post initially from July, 2010 till March 2021, whereafter it is stated that he voluntarily left services and did not return. The order also indicates that at present there is neither any post, work or budget for engaging services of petitioner.
4. Learned counsel for petitioner has been unable to demonstrate any vested right in petitioner for re- engagement in service as a Daily Wage Employee. Even otherwise, it is settled law that Daily Wage Employees are not required to be engaged in service except in exigency of work on a temporary basis and that regular post should be filled up only by substantive appointment.
5. In view of aforesaid, this Court does not find any occasion to grant any indulgence.
6. However, it is made clear that petitioner may be engaged in service by opposite parties in case there is any work or post available in future.
7. The petition therefore fails and is dismissed at the admission stage. Parties to bear their own costs. Order Date :- 11.7.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench