- (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 08.09.2011 (Annexure-2 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.) It is interesting to notice that on the one hand petitioner claims to have been working as daily wage employee since 1985 and on the other hand in para 5 of the writ petition as well as in his representation dated 08.09.2011 he has stated that he has worked for more than 10 years, though, if he is working since 1985, his working period must have been stated to be more than two and half decades.
(3.) Moreover, in the letter dated 28.03.2012 (Annexure-CA-1 to the counter affidavit) of Divisional Director, Social Forestry Division, Mau, which is addressed to petitioner, the respondents have admitted his engagement as daily wage employee occasionally but since 1997. It is also 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. Similarly, neither the petitioner 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.;