CWP No.9762 of 1988 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C. W. P. No. 9762 of 1988 Date of Decision: 23 - 12 - 2008 Naresh Kumar Miglani ....Petitioner v. The State of Haryana and others ....Respondents CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Rakesh Nagpal, Advocate for the petitioner. Mr.Jayender S. Chandail, Addl.A.G., Haryana for the respondents. *** KANWALJIT SINGH AHLUWALIA (ORAL) The petitioner was appointed as Clerk in Municipal Committee, Cheeka on 6.5.1983 on a consolidated salary of Rs.450/- p.m.. His services were regularised by the Deputy Commissioner, Kurukshetra on 1.5.1986 in the pay scale of Rs.400-600/-. Petitioner pray in this petition that from the initial date of his appointment i.e. 6.5.1983 till his regularisation, he be paid salary according to the scale as was permissible to other employees. Grievance of the petitioner is that payment made to him on daily wages in the form of Rs.450/- p.m. is not justified. It has been held in number of pronouncements of this Court and CWP No.9762 of 1988 [2] of Hon'ble Apex Court that daily wager cannot claim pay scale as a matter of right. Petitioner has availed the benefit of regularisation, although he was a daily wager, and his appointment amounted to back door entry. His services were regularised by way of a policy decision without resorting to fair competition in which all equally eligible persons could compete. The regular appointment of the petitioner was not in pursuance of any advertisement or requisitioning the names from employment exchange. Since the petitioner has been regularised, he should be satisfied with his regularisation as he is not legally entitled to claim arrears of salary before the period of regularisation. Whatever amount of regular pay scale has been granted to the petitioner, by efflux of time, no fault can be found with the same. However, petitioner cannot claim that for the period he rendered service as daily wager, he be paid pay scale as was admissible to regular employees. Hence, there is no merit in the present petition and the same is dismissed. ( KANWALJIT SINGH AHLUWALIA ) December 23, 2008. JUDGE RC