STATE OF U.P. AND ORS. versus U.P. MADHYAMIK SHIKSHA PARISHAD SHRAMIK SANGH

Citation: [1995] SUPP. 4 S.C.R. 781 · Decided: 06-11-1995 · Supreme Court of India · Bench: K. RAMASWAMY, B.N. KIRPAL · Disposal: Appeal(s) allowed

Judgment (excerpt)

STATE OF U.P. AND ORS. 
v. 
• 
U.P. MADHYAMIK SHIKSHA PARISHAD SHRAMIK SANGH 
ANDANR. 
NOVEMBER 6, 1995 
[K. RAMASWAMY AND B.N. KIRPAL, .J.l.j 
S eroice Law : . 
Daily Wagen-Claim for equal pay for equal work and regulmisa-
tion-High Cowt allowing the claim and directing State Govemment to 
regulmise claimants by creating appropliate post;-Held, order of High Cowt 
not justified-Creation of posts is an adniinistrative procedure and a 1natter 
of executive policy-Approp1iate course would be to consider daily wager.< for 
regula1isation on the basis of their senio1ity and pe1fol1nance as and when 
regular posts are created or fall vacant---Ordered accordingly. 
The U.P. Madhyamik Shiksha Parishad engaged daily wagers in 
class-IV sen·ice for doing the manual work during the examinations con-
ducted by it. The respondent-Union filed a writ petition before the High 
Court claiming regularisation of daily wagers and pay emol•1ments to them 
equal to regular class IV employees. The High Court allowed the writ 
petition. Aggrieved, the State Government filed the appeal by special leave. 
Allowing the appeal, this Court 
HELD : I. The High Court was not justified in directing the appel-
lants to pay _equal 'pay fcir ·equal work and also regularisation of the 
services of the daily wagers by creating appropriate posts. [782-F] 
A 
B 
c 
D 
E 
F 
2.1. It is an administrative procedure that creation of a post is a 
condition for filling up the post on permanent basis. The exigencies 9f the 
administration and the need for the creation of number of posts are G 
matters of executive policy by the appropriate government. [782-G] 
2.2. Unless the posts are created, the daily wagers are not entitled to 
be fitted into any regular post nor are they entitled to equal wages though 
the performance of the manual duty may be like the duty of regular class 
IV employees. [783-A] 
H 
781 
782 
SUPREME COURT REPORTS [1995] SUPP. 4 S.C.R. 
A 
2.3. In the circumstances, the appropriate course would be that as 
B 
c 
D 
E 
F 
and when regular posts are created or posts ran vacant, the daily wage 
employees, on the basis of their seniority, length of service and performance 
of work, may be considered for regularisation according to appellant rules 
and rules of reservation in vogue. Until then their services will be taken as 
and when exigencies would arise and payment of daily wages made as 
determined by the District Magistrate from time to time. (783-D-E] 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 10282 of 
1995. 
From the Judgment and Order dated 20.5.93 of the Allahabad High 
Court in C. Misc. W.P. No. 14781 of 1990. 
D.V. Sehgal and R.B. Misra for the Appellants. 
R.D. Upadhyay for the Respondents. 
The following Order of the Court was delivered : 
Leave granted. 
Having heard the learned counsel on both sides, we think that it is a 
fit case for our interference under Art. 136. It would appear that the 
respondent is representing daily wagers in class IV service working with 
the U.P. Madhyamik Siksha Parishad, U.P. Though the High Court had 
found that they have been regularly working for over 15 years doing similar 
work on par with the regular Class IV employees and consequentially 
directed the appellants to pay equal pay for equal work and also regularisa-
tion of their services by creating appropriate posts, we think that the 
directions given do not appear to be correct. 
It is an administrative procedure that creation of a post is a condition 
for filling up the post on permanent basis. The exigencies of the administra-
G tion and the need for the creation of number of posts are matters of 
executive policy by the appropriate government. It is stated in the Special 
Leave Petition filed in this Court that during the examinations conducted 
by the Board, when the exigencies demand for doing the manual work like 
lifting of bundles, pasting of envelops and shifting of answer books etc. the 
daily wagers are engaged and a sum of Rs. 25 per day was being paid as 
H fixed by the Dist!. Magistrates of Allahabad under the Minimum Wages 
STAIB v. U.P. MADHYAMIKSHIKSlIA PARISHAD SHARMIKSANGH. 
783 
. .._, 
Act, Unless the posts are created, they are not entitled to be fitted into any A 
regular post. The performance of the manual duty may be like the duty of 
regular class IV employees. However, they are not entitled for the payment 
of equal wages so long as there are no posts created in that behalf. We can 
understand that if ther

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