- (1.) Heard learned counsel for the petitioner and learned Standing Counsel for all the respondents. By means of present writ petition, the petitioner has prayed for direction commanding the respondent no.2 District Forest Officer, Sonebhadra to comply with the Government Orders issued from time to time as well as his own letter sent to the Chief Conservator of Forest, Mirzapur for considering his promotion/regularization as against the post of Class-III. Shri A.R. Dube, learned counsel for the petitioner has placed his reliance on the order dated 15.4.2014 passed in Writ A No.21591 of 2014 (Rajendra Prasad Upadhyay and 28 others vs. State of UP and 3 others) and prays that similar order may also be passed in this writ petition. The order dated 15.4.2014 is reproduced herein below:- "I have heard Sri A.R. Dube, learned counsel for the petitioner and learned Standing Counsel for the State-respondents. By this writ petition, the petitioners are seeking a direction to the respondents to consider the petitioners for promotion/regularization against the post of Van Rakshak in terms of Amended Rules of Avar Adhinast Van Sewa Niyamawali, 1980. The petitioners are claiming promotion under 65% quota reserved for daily wager. The petitioners are working in the Forest Department and drawing minimum pay scale. The petitioners are also claiming promotion under 10% quota reserved for Class-IV Employees, who have certificate of High School. The contention of the petitioner is that their case has already been recommended by the Divisional Forest Officer, Renukoot, Sonbhadra. Considering the facts and circumstances of the case, this petition is disposed of with a direction that if the petitioner prefers a representation within 15 days from today along with the certified copy of this order, raising all his grievances which he has taken in this petition, before the respondent no.3, the Chief Conservator of Forest, Mirzapur the same shall be decided by the respondent no.3 within a further period of two months by a reasoned and speaking order. In case respondent no.3 is not the competent authority to decide the matter, he shall refer the matter to the Competent Authority. It is made clear that the Court has not adjudicated the case of the petitioner on merits."
(2.) Shri Pankaj Rai, learned Additional Chief Standing Counsel submits that the aforesaid writ petition was disposed of in terms of the amended Rules of Avar Adhinst Van Sewa Niyamawali, 1980 and now, the new Niyamawali has come into force on 24.3.2015 superseding the earlier Niyamawali of 1980.
(3.) However, Shri A.R. Dube, learned counsel for the petitioner submits that in the present case, since in pursuance of the Newamawali of 1980, the process has already commenced for regularization, the Newamawali of 2015 would not be applicable. He has further apprised to the Court that in compliance of the order of this Court dated 15.4.2014 passed in Writ A No.21591 of 2014 (Rajendra Prasad Upadhyay and 28 others vs. State of UP and 3 others) the competent authority had already passed an order on 26.6.2015 in favour of similarly situate persons and they have been regularized. He states that the vacancies are still available and therefore, in view of the decision taken by the competent authority dated 26.6.2015, the claim of the petitioner may also be considered.;