- (1.) HEARD Mr. P.C. Chauhan, learned counsel for the petitioner as well as learned Standing Counsel.
(2.) THE petitioner has challenged the order dated 28.04.2009 whereby petitioner's application for regularization /payment of minimum of the pay scale has been rejected by the Divisional Director of Forest, Social Forestry Division, Sitapur. The petitioner claimed his regularization against Class IV posts under the "U.P. Regularization of Daily Wages Appointment on Group "D" Posts, Rules 2001" (in short Rules). Rule 4 provides the terms and conditions for regularization which is extracted below: - 4. Regularization of Daily Wages appointment on Group "D" post.(1) Any person who - 1.was directly appointed on daily wage basis on a Group 'D' posts in the Government Service before June 29.1991 and is continuing in service as such on the date of commencement of these rules : and 2.possessed requisite qualification Prem Chand Chauhan prescribed for regular appointment for tat post at the time of such appointment on daily wages basis under the relevant service rules, shall be considered for regular appointment in permanent or temporary vacancy, as may be available in Group 'D' post, on that date of commencement of these rules on the basis of his record and suitability before any regular appointment is made in such vacancy in accordance with the relevant service rules or orders. 2. In making regular appointments under these rules, reservations for the candidates belonging to the Scheduled Castes, Scheduled Tribes, Other Backward Classes of citizens and other categories shall be made in accordance with the Uttar Pradesh Public Service (Reservation for Scheduled Castes, Scheduled Tribes and OthPrem Chand Chauhan er Backward Classes) Act, 1994 and the Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex -Servicemen) Act, 1993, as amended from time to time, and the orders of the Government in force at the time of regularizatioPrem Chand Chauhan n under these rules. 3. For the purpose of sub -rule (1) the appointing authority shall constitute a Selection Committee in accordance with the relevant provisions of the service rules. 4. The appointing authority shall, having regard to the provisions of sub -rule(1), prepare an eligibility list of the candidates, arranged in order to seniority as determined from the date of order or appointment on daily wages basis and if two or more persons were appointed together, from the order in which their names are arranged in the said appointment order. The list shall be placed before the Selection Committee along with such relevant records pertaining to the candidates, as may be considered necessary to assess their suitability. 5. The selection Committee shall consider the cases of the candidates on the basis of their records referred to in sub -rule (4), and if it considers necessary, it may interview the candidates also. 6. The selection Committee shall prepare a list of selected candidates in order to sub -rule (20 of rule 4, make appointments from the list prepared under sub -rule (6) of the said rule in the order in which their names stand in the list.
(3.) AS is evident from the aforesaid Rule that at the very outset it speaks that any person who were directly appointed on daily wage basis on Group D posts in the Government Servant before 29th June 1991 and is continuing in service as such on the date of commencement of this Rules and possess the requisite qualification prescribed for regular appointment shall be considered for regular appointment in permanent or temporary vacancy as may be available in Group D posts. The Rules came into force w.e.f. 21.December 2001, the petitioner's working is reported since 1997 to 2000. In 1997, 1998, 1999 and 2000 he has worked for 234 days, 155 days, 130 days and 104 days respectively. Therefore, the authority concerned has denied the petitioner's claim on the ground that he does not fulfill the criteria laid down under the Rules. The petitioner's case is that he was appointed on a clear post of Mali in the month of August 1984 and since then he is continuing. According to him he worked since August 1984 at Reusa to Kankari Road in plantation work under Sri Aquil Ahmad, August 1986 to July 1987 at Gram Samaj Dhenuwa in planation work under Forest Guard Sri Suresh Chandra Shukla, August 1987 to July 1989 in plantation work of Gram Samaj Farrkharhara under Sri Ram Kumar Srivastava Forest Guard, August 1989 to July 1991 in plantation work at Mugalanpurwa road, August 1991 to July 1992 at Bhithhauli to Kashipur Road in plantation work, August 1992 to July 1994 in plantation work of Gram Samaj Dalpatpur under Sri Kurmendra Singh, Forest Guard, August 1994 to July 1995 in plantation work of Gram Samaj Basudha, under Sri Asalam and Kurmendra Singh Forest Gurard, August 1995 to 1996 July in plantaiton work Reusa to Chandraseni Road under Sri Kurmendra Singh Forest Guard, August 1996 to July 1997 in plantation work at Gram Samaj Dhhenuwa under Sri Vijay Kumar Srivastava Forest Guard, August 1997 to July 1998 in plantation work at Gram Samaj Dalpatpur, under Sri Vijay Kumar Srivastava Forest Guard, August 1998 to Marach 2002 in plantation work at Bhithhauli to Kashipur Road under Sri Vijay Kumar Srivastava, April 2002 to May 2003 in plantation work at Bhithhauli to Kashipur Road under Sri Dilawar Khan Forest Guard, June 2003 to July 2004 in plantation work of Maruvehar to Basantpur under Dilawar Khan Forest Guard, and Kailash Singh Tomar, August 2004 to June 2006 at Gram Samaj Ajaypur plantation work under Sri Kailash Singh Tomar. Thus he has given the details of his working as above, till the month of June 2006 on the basis of which he submits that he fulfills the eligibility criteria provided under the rules for regularization and have admitted his working only for the days as indicated in the order impugned.;