- (1.) The petitioner is seeking a writ of mandamus commanding the respondents to pay salary/wages at the rate of minimum of regular pay scale applicable to Class-IV employees regularly appointed in Forest Department and also to consider his representation dated 02.11.2011 (Annexure-3 to the writ petition) whereby he has also sought regularisation in accordance with U.P. Regularisation of Daily Wage Appointments on Group 'D' posts Rules, 2001 (hereinafter referred to as " Rules, 2001").
(2.) The petitioner claims to have been engaged on daily wage basis sometime in 1995 and is working as such against a Class-IV post. In the entire writ petition neither he has given details of his initial engagement nor subsequent engagement except some bare facts stated in para 5 and 6 that he is working since 1995 and has rendered more than 10 years of service. In support of contention about his engagement he has filed an experience certificate issued by Forest Ranger showing his working for certain period from November, 1995 to December, 2002.
(3.) The averments made in para 5 and 6 of the writ petition have not been admitted as such in the counter affidavit and it is said that presently petitioner is not working in the Forest Department and on the contrary he has got a job card prepared under National Rural Employment Guarantee Scheme and before implementation of said scheme he has worked as daily wager at Mau Range. The respondents have also appended letter dated 28.03.2012 of Divisional Director, Social forestry Division, Mau, which is addressed to petitioner informing him that in 1997 and thereafter often he worked as daily wager but he does not fulfil the eligibility conditions under Rules, 2001 and, hence not entitled for regularisation. Similarly, neither he has worked at par with regular employees nor is otherwise in the employment of Forest Department, hence not entitled for salary at the minimum of pay scale applicable to regular employees.;