Rajiv Sharma, J. - (1.) HEARD learned Counsel for the petitioner and learned Standing Counsel.
(2.) WITH the consent of learned Counsel for the parties, I proceed to hear the matter finally at the admission stage itself. Learned Counsel for the petitioner submit that the petitioner was engaged as Cattle Watcher on daily wage basis in the department of Forest in the year 1981 and since then, he has been working intermittently, but continuously and has been paid wages. Petitioner's Counsel further contends that juniors to the petitioner have been regularized on the post of Forest Guard.
(3.) FURTHER submission of the learned Counsel for the petitioner is that the identically situated employees in the Forest Department have preferred writ petitions, on being disengaged, in this Hon'ble Court as well as at Lucknow Bench of this Hon'ble Court and by means of judgment and order dated 24th May, 1996, passed in Writ Petition No. 5442 (SB) of 1995 of this Court, this Court has directed for regularization of services of the daily wage employees. The said judgment and order was assailed by the State of U.P. before the Apex Court and the Apex Court dismissed S.L.Ps. so preferred by the State of U.P. During the pendency of the aforesaid proceedings, the case of the State of U.P. and Ors. v. Putti Lal reported in : (1998) 1 UPLBEC 313, in respect of Forest Department employees, was decided by the Apex Court. In the said case of employees of Forest Department, this Court has provided, as an interim measure, for placing the employees in the minimum of the regular pay scale. The Apex Court while disposing of the SLP has observed as under: Therefore, benefits of the said judgment of the learned Judge have to go to all the Daily Wagers/Muster Roll employees. It is admitted by the respondents that the pay at the rate as directed by the learned Judge in the said case, is being paid to those Daily Wagers who are members of Kumaun Van Shramik Sangh Centre and such payment is not being made to any other daily wager working anywhere in the State including in Kumaun hills. It is also admitted that the Scheme as directed by the leaned Judge has not been framed by the Government so far. The judgment of the learned Judge is binding on the Government and its functionaries. They are, therefore, bound to pay in terms of the said judgment to every daily rated labourers/muster roll employees and the Government is also bound to frame scheme for regularization of their service.;