Paritosh K. Mukherjee, J. - (1.) S/Sri Ashok Kumar Sharma and Brahmpal Singh, Joint Petitioners, have challenged the order of termination of their service, dated 21.12.1992 which is contained in Annexure 13 to the writ petition.
(2.) THE Impugned order of termination, dated 21.12.92, which is in Hindi, if translated into English, runs as follows : "THE services of Sri Brahma Pal Singh Rana Dally Scaler (Chlriyapur 1st) and Sri Ashok Kumar Sharma, Daily Scaler (Chlriyapur IIlrd) are being terminated, with immediate effect, in public Interest as well as in the interest of Forest Corporation with effect from the afternoon of 19th December, 1992. Sd/- Illegible Divisional Sales Manager, U. P. Forest Corporation, Kotdwar." Briefly stated, the facts of the case, as disclosed In the writ petition, are as follows : Way back In 1983, both the petitioners were temporarily appointed, on daily wage basis, as Scaler Assistant by the Regional Forest Manager, U. P. Forest Corporation, Najibabad, district Bijnor. The petitioners appeared in a Departmental Examination, conducted for the post of Scaler Assistant in 1985. On being declared successful, they continued to work on dally wages on the said post. However, they were given break of four months, during the off season. Thereafter, another examination for appointment to the post of Scaler Assistant was conducted In 1989 and in the said examination as well, the petitioners came out successfully. They continued to work on dally wages till 26th March, 1991. In the meantime. Managing Director, U. P. Forest Corporation issued a circular letter No. F 9927, dated 26th March, 1991. In the said circular letter, It was notified that the employees working for seven years or more on the post of Scaler Assistant/Chaukidar or on any other Seasonal post will be entitled for salary and clearness allowance for the period of nine months every year, w.e.f. 1.4.1991. In continuation of the aforesaid circular letter, another order was passed on 30.4.1991 to the effect that even if an employee works for more than 9 months, he will be entitled to only 9 months' pay. Thus, according to the petitioners, their services stood regularised as Scaler Assistant In terms of aforesaid circular letter dated 17.5.1991. However, In spite of aforesaid position, the petitioners were not given the benefit of identical pay scales, leave, encashment of leave, group Insurance, gratuity and provident fund.
(3.) THIS drove the petitioners to file a writ petition before Lucknow Bench of this Court, being Civil Misc. Writ No. 4209 of 1988, Van Nigam Karmchari Kalyan Sangh, U. P. Gorakhpur v. U. P. Forest Corporation and others. The aforesaid writ petition was decided on 19.9.1991 and this court issued a mandamus commanding the respondents to make payment of the pay scales of Scaler and other employees, employed on daily wages, with all consequential benefits. It was further directed that the sanctioned 755 posts of temporary scalers should be filled up within a period of three months. A direction was also issued to fill up 361 vacancies of Class IV employees within the aforesaid period. The Corporation went up in Special Leave Petition before the Supreme Court which was dismissed by Apex Court on 19.9.1991. Thus, the judgment rendered by Lucknow Bench of this Court attained finality.;