Rajiv Sharma, J. - (1.) WRIT Petition No. 275 (SS) of 2000, has been filed for quashing the oral disengagement order 1.12.1999 and allowing the petitioners to work and pay them minimum scale, whereas the order passed by the opposite party No. 2 dated 14.7.2004 has been assailed in Writ Petition No. 4078 (SS) of 2004.
(2.) HEARD learned Counsel for the parties. Learned Counsel for the petitioners submit that all the petitioners were engaged during the period 1979 to 1987. Since then they are working intermittently, but continuously and have been paid wages. He submits that the petitioners and 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.
(3.) THEREAFTER , the State of U.P. has framed Uttar Pradesh Regularization of Daily Wages Appointment on Group 'C' Posts (Outside the Purview of the Uttar Pradesh Public Service Commission) Rules, 1998 for regularization of category 'C' employees in the year 1998 and the Uttar Pradesh Regularization of Daily Wages Appointments on Group 'D' Posts Rules, 2001 for regularization of category 'D' employee in the year 2001. On perusal of Rule 4 of the aforesaid Rules, it will be abundantly clear that a daily wage employee, who has been working on the cut off date, that is, 30th June, 1991 and has been working continuously on the proclamation of the notification of the aforesaid Rules shall be entitled for consideration of regularization of his services.;