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2025 DAILYLAW 154722 (ALL)

NIRMALA DEVI v. STATE OF U.P. THRU. PRIN. SECY. HORTICULTURE LKO. AND 2 OTHERS

/8462/2025 · 2025-08-04

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44906 Court No. - 8 Case :- WRIT - A No. - 8462 of 2025 Petitioner :- Nirmala Devi Respondent :- State Of U.P. Thru. Prin. Secy. Horticulture Lko. And 2 Others Counsel for Petitioner :- Mohd. Ateeq Khan Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner and learned State Counsel for the opposite parties. 2. Petition has been filed challenging oral termination dated 01.03.2025. Further prayer to permit petitioner to work and for payment of salary/wages has been made. 3. It has been submitted that petitioner was engaged as a daily wage employee in the department on 01.04.2022 whereafter the impugned oral termination was passed. It is submitted that petitioner was not provided any notice or opportunity of hearing prior to termination of service. 4. Learned State Counsel has been provided written instruction dated 29.07.2025 and as per which petitioner was engaged only in year 2022 as and when required and has worked only for a period of 103 days in the said year with working days being 83 and 78 respectively for years 2023 and 2024. It is submitted that no work is being taken from petitioner since year 2024 since there was no work available. 5. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it is evident and admitted that petitioner was engaged as a daily wager only in year 2022 and does not appear to have completed more than 180 days in a calendar year. Admittedly, petitioner is a daily wage employee and does not have any vested right for continuance as such until and unless work is available in the Department. 6. In view thereof, this Court does not find any occasion to grant indulgence in the matter. However, it shall be open to opposite parties to re-engage petitioner as a daily wage employee if there is ample work available. 7. With aforesaid direction, the petition stands finally disposed of. Order Date :- 4.8.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench