- (1.) This Special Appeal seeks to assail the judgment and order dated 1 August 2011 of a learned Judge of this Court in Writ Petition No.42935 of 2011. This writ petition was disposed of with the following directions/observations : "In view of the above discussions, I hold that : (i) that Rules 2001 for regularisation or any other Rule contemplating regularisation is subject to Articles 14 and 16 of the Constitution of India and those daily wagers, adhoc/temporary appointed persons, who have been appointed without following the proper procedure, their appointments are per se illegal and they have no right of regularisation. (ii) While making regularisation, conditions of Rules must be strictly followed. Findings in respect of Rules 4(a) and (b) of the Rules 2001 be specifically recorded in each individual case. (iii) Claim of regularisation cannot be denied, merely because person concerned is getting the minimum of pay scale. (iv) The State Government and its instrumentalities are directed to follow the above principle of law in case of appointment and regularisation strictly. With the aforesaid observations, the writ petition is disposed of. The authority concerned is directed to consider the case of the regularization of the petitioner, in accordance to Rules, in the light of the observation made above."
(2.) The writ petitioner had earlier filed Writ Petition No.43823 of 2002 which was connected with Writ Petition No.48322 of 2000. The petition was decided by a common judgment and order dated 17 October 2005. The operative portion of the order is : "The State Government is directed to reconsider all the petitioners for regularisation ignoring the artificial breaks, and the minimum educational qualifications and the physical endurance prescribed by the service rules. The selection committees shall meet again and shall reconsider the candidature of all the petitioners for regularisation. Those petitioners who are found eligible shall be included in the merit list to be regularized on the vacancies or the vacancies which may arise in future in their respective divisions, and until then all the petitioners who are still working shall be allowed to continue on the daily wages, and shall be entitled for minimum pay scale which was so allowed by the Supreme Court in State of U.P. vs. Puti Lal, 2002 2 UPLBEC 1595. The directions shall be carried out in three months. The petitioners are also held entitled to the costs."
(3.) It is stated that the petitioner was, in compliance of the aforesaid directions, paid the minimum of the pay scale by order dated 8 June 2006. Subsequently the State Government issued an order dated 23 June 2011 for creation of 2022 supernumerary group ''D' posts in the Forest Department with a condition that on creation of regular vacancies in the Forest Department, from time to time, these posts shall stand abolished. This was in connection with the regularisation of daily wagers in the Forest Department who had been engaged prior to 29 June 1991. To give effect to the aforesaid Government Order dated 23 June 2011, a communication dated 24 June 2011 was sent by the Principal Chief Conservator of Forests, Lucknow to all the Chief Conservator of Forests to take steps in accordance with the Rules for regularisation of the services of daily wagers working on group ''C' and group ''D' posts. It was further provided that such daily wagers, who were being paid the minimum of the pay scale under the orders of the High Court but were not eligible to be regularised under the regularisation rules, should not be considered for regularisation.;