^ Petitioner WritPetition (SiNo.4624 of 2008 Mohammed Azad, aged about 38 years, S/o. Abdu! Sakur, R/o. Charcha Colony, Baikunthpur, District Korea (CG). Versus 1) State of Chhattisgarh, through Secreiary, Forest Dspartmsnt, D.K.S. Bhawan, Raipur 2) Conservator of Foregi, Digtrict Korea (CG). 3) Divisionai Forest Officer, Baikunthpur Division, District Korea (CG). (Writ Petition under Articie 228 of the Constitution of India't SB: Hon'ble Mr, Satish K. Agnihotri, J. Present: Shri H.V. Sharma, counsel for the petitioner. Shri Bhaskar Payasi, Pane! Lawyer forthe State. (Passed on this 25 day ofAugust, 2008 $y this petition, the petitioner seeks a direction to the respondents to regularize the services of the petitioner. According to learned counsel appearing for the petifioner, the petitioner was working as daiiy wage worker in Charcha Naka Barrier, District Baikunthpur from 1-10-1992 to 14-2-2000 (Annexure P/2). Now, the petitioner seeks a relief to re-appoint him as daily wager and thereafter regutarize him in semce. 2) On perusai of the papers, it appears that the appointment of the petitioner was not in accordance with constifaitional scheme of empioyment as there was no advertisement inviting applications from all the etigible candidates or through employment exchange. Snitial appoiniment of the petitioner cannot be held as reguiar or iega! appointment as the same was de -^' hors the constitutional scheme of emDiovment. 3) it is v/eii settled principles of !aw that daiiy wagers have no right to the post. Thus, reinstatement/continuation of the sen/ice cannot be granted. 4) The Hon'bte Supreme Court, in a catena of decisions, has categoricaily heid that appointment on daily wages, contract and temporary, if' not In accordance with law and de hors the constitutional scheme of empioyment, is not a proper or iegal appointment. The petitioner has not acquired any right to ii- :';iii-111iyair: u» .11 .'I z- 'e'*»asatf^ the post as his appointment was not in accordance with the scheme of apppintment. 5) In the matter of Indian Drugs & Pharmaceuticals Ltd. V .tndian Dnigs & Pharmaceuticals Urf. , the Supreme Court "34. Thus, it is weil settled that there is noright vested in any daily-wager to seek regularisation. Reguiarisation canoniy be done in accordance with the ruies and not de hors the rutes. !n E.Ramakrishnan v. State of Keria this Court heid that there can be no regularisation de hors the rutes. The same vlew was taken 'm Kishore IDr.) v. State of Maharashtra. Union of India v. BSshamber Duft. The direction issued bv the Services Tfibunal for rsgu.'arizingths service of persons vvho had not bsen appointed on reguiar basis in accordance ,with the ruies was set aside although the petitioner had been working regulariy for a v iong time. 35. In Surinder SinghJamwa! (Dr.) v. State of J&K it was he!d that ad hoc appolntment does hot give any right for reguiarisation as reguiarisation is governed y 6) Further, in the matter of State of U.P. and others Vs. Oesh Raf, the Supreme Court observed as under: "7.Whatever may be the import and purport 6f such rsguiarisation rules, in viswofthe recent Constltution Bench decision of this Court in Secy., Siate of Karnataka Vs. Umastevi, it is now wel! settied that the appoiniments, if madg in '/ioiation of the constitutiona! scheme of equality as enshrined under Artfcle 14 and 16 of the Constitution of India, would be .'•endered jjiegai and, thus, void abinstio.No reguiarisation rules, therefore, cou'd have been made by the State of Uttar Pradesh in derogation of the statutory or a constitutional scheme" 7) Applying the weli settted principtes of iaw as stated above to the facts of the case, the petitioner cannot claim any reguiarization or reinstatement in ji. sen/ice on the basis of his appointment, which was on daily wages basis and not in accordance with law and de hors the constitutional scheme. 6f emolovment. S) Accordingiy, the petition is dismissed. No order asto costs. •I. (2007)1SCC40S- 2. (2007) 1SCC 257 Sdl- Sa^^^ judge '^TnTinir •s;?--.-,..-——,.,- •SSvSSS^^^S^^s