Awadhesh Kumar Yadav vs Divisional Forest Officer, Mainpuri and others

M. Katju and D.R. Chaudhary, JJ.—Heard learned counsel for the petitioner and learned Standing Counsel.

The petitioner has prayed for regularisation of his service as Stenographer. Admittedly, the petitioner was appointed as Stenographer on daily wage basts In March, 1981, and he has been in continuous service since then, i.e., for more than 18 years.

In our opinion, the State Government cannot act arbitrarily in the matters relating to temporary or daily wage employees. No doubt there is a principle in service law that a temporary employee has no right to the post, but this principle has to be considered along with the other legal principle that the State cannot act arbitrarily. In the case of Mrs. Maneka Gandhi Vs. Union of India (UOI) and Another, , it has been held by a 7-Judge Constitution Bench decision of the Supreme Court that the State Government cannot act arbitrarily as arbitrariness violates Article 14 of the Constitution. In our opinion, to keep a person on daily wage basis for 18 years is wholly arbitrary. Hence on the facts and circumstances of the case, we direct that the petitioner be regularised within a month from the date of production of the certified copy of this order and he shall be paid regular salary thereafter.

With the above observations, the petition is disposed of.