B.AMIT STHALEKAR, J. - (1.) THE petitioner in this writ petition is seeking a direction to the respondents to regularize his services under the U.P. Regularization of Daily Wages Appointment on Group D Post Rules, 2001 (hereinafter referred to as the Rules, 2001).
(2.) BRIEFLY stated the facts, as stated in the writ petition, are that the petitioner was engaged in the forest department as a Labour from 1.7.1986 to 30.6.1987 at Deorakote Nursery. Thereafter he was transferred to Kalapherpur Mangha Nursery where he worked from 1.7.1987 to 30.6.1989 on the post of Mali. It is also stated that his work being very satisfactory between 1.7.1986 to 30.6.1989 he was getting bonus Rs. 261/ - from his respective department. He was again transferred to Badrapur Nursery where he worked from 1.7.1989 to 30.6.1990 and then he worked from 1.7.1990 to 30.6.1996 at Faizabad Lucknow Road Plantation. On 1.7.1996 he was transferred to Faizabad Railway line where he worked upto 30.6.1998 on the post of Mali. Thereafter he was transferred to Sohawal Nursery where he worked from 1.7.1998 to 30.6.2002. In paragraph 8 of the writ petition, it is stated that he has been working since 1.7.2003 till date.
(3.) A counter affidavit has been filed by the respondents and perusal of Annexure -1 thereto would show that while the respondents did not dispute the working of the petitioner upto 30.6.1998 but so far as the period from 1.7.1998 to 30.6.2002 is concerned, it has been specifically denied and also stated that as per the cash book of that period Ram Surat Yadav, Forest Guard and Ram Narain, Mali have been shown as working and have been paid wages but the name of the petitioner does not find mention anywhere. Again for the period after 1.7.2002 to 20.6.2007, it is stated that as per the records the name of the petitioner does not find mention anywhere. For the period from 1.7.2003 till date it is mentioned that the petitioner has worked intermittently for which he has been paid his wages and infact during this period one Dilip Kumar Srivastava was working as Mali. Rule 4 of the Rules, 2001 provides that any person who was directly appointment on daily wage basis on a group D post in the government service before 29.6.1991 and is continuing in service as such on the date of commencement of the Rules, 2001 shall be considered for regular appointment. Even if the petitioner is said to have been working prior to 29.6.1991 there is nothing on record to show that he was working continuously on the date of commencement of the Rules i.e. 21.12.2001. The provisions of Rule 4 of the Rules, 2001 cannot be read in isolation and have to be considered with reference to the two specific dates mentioned therein. A person seeking regularization ought to have been in service prior to 29.6.1991 and should have continued in service as such on the date of commencement of these Rules i.e. 21.12.201. Even if the petitioner was working prior to 29.6.1991 he was not continuing in service on the date of commencement of the Rules i.e. 21.12.201 therefore he is not entitled to be considered for regularization under the Rules, 2001.;