Mahendra Nath Pandey and others vs State of U.P., through the secretary to the department of revenue, civil secretariate, lucknow and others

M. Katju, J.—The petitioners are seasonal collection peons working in district Faizabad since 1976 or 1977 continuously except for a few short breaks. One of the prayer in this petition is to regularise the services of the petitioners. I have heard learned counsel for the petitioners and learned Standing Counsel and have perused the record. 1 am informed that petitioners 2 and 3 have been regularised but not the other petitioners. It has been admitted in para 4 of the counter affidavit that the petitioners are working since 1977. In my opinion it is not fair on the part of the Government to continue an employee in a temporary capacity for very long Ordinarily the Government, within 2 or 3 years of the appointment of a temporary employee, should make up its mind whether he is fit to be regularised or not but it is wholly arbitrary on the part of the respondents to continue the petitioners, as temporary employees, for long periods, thus keeping a Damocles sword hanging over the head of the petitioners. This is not the way to bring out the best out of an employee.

On the facts and circumstances of this case 1 allow this petition and direct that the petitioners 1. 4 and 5 shall be regularised on the post, on which they are working, within one month from the date of production of a certified copy of this order before the appropriate authority and they shall be paid regular salary hereinafter.

With these observations the petition is allowed.