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Neutral Citation No. - 2025:AHC:59715 Court No. - 4 Case :- WRIT - A No. - 2804 of 2025 Petitioner :- Arun Respondent :- State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Bikas Pathak,Preyansh Mishra Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard Sri Vishal Saxena, learned Advocate holding brief of Sri Preyansh Mishra, learned counsel appearing for the petitioner and learned Standing Counsel appearing for the State respondents. Petitioner, who is working in the department of Horticulture & Food Processing on daily wage basis since 1st March, 2014, wants regularization of his services on the ground that he has rendered more than 10 years of service. Upon a pointed query being made as to which rule applies to him for regularization, learned counsel for the petitioner submits that he is governed only by common law. On the contrary, learned Standing Counsel submits that only two rules that have been framed for regularization of daily wage employees, one is The U.P. Regularization of Daily Wages (Appointment on Group D Posts) Rules, 2001 and other is the Uttar Pradesh Regularization of Persons Working on Daily Wages or on Work Charge or on Contract in Government Departments on Group 'C' And Group 'D' Posts (Outside the Purview of the Uttar Pradesh Public Service Commission) Rules, 2016. In both aforesaid rules, learned Standing Counsel submits that petitioner shall take joining before 29th June, 1990 and 21st December, 2001 and petitioner having been appointed after December, 2001, cannot claim benefit under the regularization rules. Having heard learned counsel for the respective parties and having perused the records, I find that the pleadings raised in the writ petition are absolutely silent regarding any regularization rules currently applicable to the department.
In the considered view of the Court, services of the daily wage employees can only be regularized by statutory provisions for which Government has to pass appropriate Government orders or frame statutory rules as had been done in the year 2001 and then 2016, petitioner cannot otherwise claim any regularization. However, petitioner has a remedy being daily wager to approach the labour court, if so advised. Subject to aforesaid liberty, this petition is consigned to records. Order Date :- 22.4.2025 Atmesh Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad