- (1.) Heard Sri Nand Kishore learned counsel for the appellants and Sri Shatrughan Chandhary, Addl. Chief Standing Counsel for the State. This is an appeal, filed under Chapter-VIII Rule-5 of the Allahabad High Court Rules against the judgment and order dated 25.1.2012 passed by the learned Singh Judge in Writ Petition No. 5744 (S/S) of 2004.
(2.) Petitioners-appellants namely Ram Saran, Ram Tej and Chaitu are daily wage employees, engaged as Mali since the years 1985,1979 and 1981 respectively in Department of Forest, Government of U.P.. While preferring the aforesaid writ petition, the petitioners submitted before the writ Court that they are entitled for regularization under U.P. Regularization of Daily Wages Appointments on Group-D Post, Rules, 2001. The representation of the petitioners, to this effect, has been rejected by the Divisional Forest Officer respondent no. 4, which, according to the counsel, suffers from substantial illegality. Writ Petition has been dismissed by the learned Single Judge on the ground that the petitioners are not qualified for regularization in accordance with the Regularization Rules. However, a perusal of the impugned judgment reveals that the learned Single Judge has not considered the earlier judgment of this Court in its true spirit whereby this Court had directed to consider the petitioners-appellants case for regularization.
(3.) Petitioners, earlier to this, have approached this Court by preferring Writ Petition No. 5348 of 1990 (S/S) (Van Vibhag Shramik Sangh Vs. State of U.P. and others) alongwith other connected writ petitions. The writ petition was decided finally by judgment and order dated 13.7.2003, directing the Respondent-State to consider the petitioners case for regularization under Regularization Rules of 2001 as well as in view of the Apex Court judgment State of U.P. Vs. Putti Lal, 2002 2 UPLBEC 1595. Relevant portion of the judgment dated 13.7.2013 is reproduced below:- "In all these writ petitions, the petitioners have claimed regularisation on Class-D posts. There case is that they are work charge/ daily wage employees of the Forest Department and have been working for the last several years and are entitled to be regularised under the rules but still their services have not been regularised. During the course of arguments, the parties counsel submitted that during the pendency of these petitions, the State of U.P. has framed the U.P. Regularisation of Daily Wages Appointment on Group-D Post Rules, 2001 for regularisation of the daily wagers working in various departments of the Government fixing the cut off date as as 29th June,1991 and the case of the petitioners is fully covered by these rules. They have thus urged that the Opposite Parties be directed to consider the individual cases of the petitioners for regularisation in the light of the said rules. In view of the above, these writ petitions are finally disposed of with the direction to the opposite parties that they shall consider the claim of the petitioners for regularisation in the light of the U.P. Regularisation of Daily Wages Appointment on Group-D Post Rules,2001 and the judgment of the Apex Court in 'State of U.P. And others Vs. Putti Lal,2002 2 UPLBC 1595 at the earliest, preferably within six months from the date a certified copy of this order is produced by the petitioners before them. Till the case of the petitioners for regularisation is considered and decided, they shall be paid salary at the minimum of the scale admissible to their counterparts in the department. No costs.";