- (1.) The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, praying for following relief's: (i) issue a writ, order or direction in the nature of mandamus commanding the respondents to regularise the services of the petitioner in terms of Niyamawali 2001 on the post of Class-IV employee and be paid their salary month to months. (ii) issue a writ, order or direction in the nature of mandamus commanding the respondents to be paid their salary as minimum pay scale as being paid to the other employee of the department. (iii) issue a writ, order or direction in the nature of mandamus commanding the respondents not to dispense with the services of the petitioners during pendency of the W.P. (iv) issue any other writ order or direction of this Hon'ble Court as may deem fit and proper in the facts and circumstances of the case. (v) allow the petition with cost in favour of the petitioner. The brief facts which give rise to this writ petition are that: The petitioner was appointed on the post of Class-IV employee in the Forest Department as muster-roll employee in the month of October, 1984 and continuously performing his duties till date.
(2.) The only ground taken by the respondents in the counter-affidavit for rejecting the claim of the petitioner for regularization during the period is that petitioner has not worked for more than 240 days in a year.
(3.) Heard the learned counsel for the parties. Learned counsel for the petitioner submitted that according to the U.P. Regularization of Daily Wages Appointments on Group 'D' Post Rules, 2001 (hereinafter referred to as the 'Rules'), Rule 4 of the said Rules provides for procedure for regularization of service, which clearly provides that a person shall be regularized, who was directly appointed on daily wage basis on a Group-D post in the Government service before 29th June, 1991 and is continuing in service as such on the date of commencements of these rules. There is no mention in the said Rules that person should have worked continuously for more than 240 days in a year.;