(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) 1. This Letters Patent Appeal has been filed challenging the order dated 13.9.2011 passed by the learned Single Judge in Special Civil Application No.9040 of 1991. The petitioner has claimed regularisation of his service. The learned Single Judge dismissed the writ petition on the ground that the petitioner was not appointed under any statutory rules. In the affidavit-in-reply in the writ petition, the respondents have stated in para-6 as under:
"6. It is submitted that persons like the petitioners are engaged as and when their services are required and there are no specific recruitment rules for the appointment. It is submitted that the terms and conditions of payment are normally governed by provisions of Registration Manual. It is submitted that order No.348 pertains to the manner in which such persons are to be engaged and there are also provisions with regard to making payment to such persons on piece-rate basis. It is submitted that at present the petitioners are paid at the rate of 0.35 paise per folio which consists of 100 words. It is submitted that whenever there is more work and the persons like petitioners are engaged to do the work, at the end of the day amount payable to them is calculated and the total amount payable to a particular person is paid at the end of the month."
2. In view of this, it is clear that the petitioner was engaged due to exigency of work and after expiry of work, they were not required to work. However, payment, if any, for the period during which the appellant has worked was made at the end of the month. This will not confer any right on the petitioner to claim regularisation. We do not find any illegality in the impugned order passed by the learned Single Judge. This Letters Patent Appeal fails and is dismissed. Civil Application is also dismissed.
(V.M.SAHAI,J) (G.B.SHAH,J) ***vcdarji