- (1.) PARITOSH K. Mukherjec, J. The writ petition can, itself, be disposed of since the plea taken by the petitioner is that the respondent No. 3 being Regional Director, Social Forestry, Vrij Bhumi, Agra, who has disposed of the representation of the petitioner, on the basis of earlier order passed by this Court, was not the competent authority.
(2.) THE plea taken in the impugned order, dated February 3, 1995, in my view, cannot be justified, as in the present case, the petitioner has been working for the last 9 years "without any break", as a Class 111 employee in the Forest Department. Learned counsel for the petitioner has referred to the decision of this Court in the case of Prakanh Narain Sirothiya v. State of U. P. , (1994) 3 UPLBEC 1737. This was a case decided by Hon'ble Mr. Justice S. K. Keshote wherein it has been held chat claim of regularisation and equal pay for equal work by daily wages employee should be considered and their services should be regularised. There are catina of decisions on this point. See Randhir Singe v. Union of India, AIR 1982 SC 879. Surendra Singh v. Engineer- in-Chief, CPWD, AIR 1986 SC 584 and AIR 1986 SC 431. Learned Standing Counsel submitted that because of new policy being introduced for abolition of posts, and merger of Class 111 posts into Class IV posts, the petitioner has no right to remain in service.
(3.) HAVING heard the rival submissions, I am of the view that the plea taken by respondents in the impugned order, by not allowing the petitioner to remain in service, cannot be justified in view of aforementioned decisions of Apex Court, as well as this Court, and in view of the fact that the petitioner has rendered service without any break for 9 years. The plea, that has been taken by the authorities regarding abolition of posts or merger of 9 posts is unsustainable. As the plea is taken in the impugned order that relevant authority is respondent No. 1, and not the respondent No. 3, as such respondent No. 2 is directed to consider the case of the petitioner within two months from the dale of production of a certified copy of this order together with a copy of the writ petition, which may be treated as representation.;