Ashwani Kumar Mishra - (1.) This writ petition is directed against an order dated 11th December, 2013; whereby petitioner's claim for being regularized in the employment of respondent has been rejected. The order passed by Divisional Director, Social Forestry Division, Mau records that petitioner's claim for regularization is not covered under the provisions of U.P. Regularization of Daily Wages Appointments of Group 'D' Post Rules 2001 (hereinafter referred to as the 'Rules of 2001'), inasmuch as, petitioner has not worked from July, 1991 to June, 1998 and has otherwise not being working after March, 2003.
(2.) It transpires that petitioner had earlier approached this Court by filing Writ Petition No. 69063 of 2011 with the grievance that his representation regarding regularization of his services is not being examined and consequently this Court directed his grievance to be considered by a reasoned order. While requiring the respondents to consider claim of the petitioner, it was observed that the respondents shall, while deciding petitioner's claim, keep in view the law laid down by the Apex Court in State of U.P. and others Vs. Putti Lal, 2002 2 UPLBEC 1595 and this Court in Rakesh Chandra Srivastava Vs. State of U.P. and others, 2008 1 ADJ 371 and Janardan Yadav Vs. State of U.P. and others, 2008 2 ESC 1359.
(3.) Consideration of petitioner's claim for regularization has to be examined with reference to the provisions of the Rules, 2001. Rule 4 of the Rules of 2001 would relevant for the present purposes and is reproduced hereinafter:- ""4.Regularisation of daily wages appointments on Group 'D' posts.-(1) Any person who - (a) was directly appointed on daily wage basis on a Group 'D' post in the Government service before June 29, 1991 and is continuing in service as such on the date of commencement of these rules; and (b) possessed requisite qualifications prescribed for regular appointment for that post at the time of such appointment on daily wage basis under the relevant service rules, shall be considered for regular appointment in permanent or temporary vacancy, as may be available in Group 'D' post, on the date of commencement of these rules on the basis of his record and suitability before any regular appointment is made in such vacancy in accordance with the relevant service rules or orders. 2. In making regular appointments under these rules, reservations for the candidates belonging to the Scheduled Castes, Scheduled Tribes, Other Backward Classes of citizens and other categories shall be made in accordance with the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994, and the Uttar Pradesh Public Service (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) Act, 1993 as amended from time to time and the orders of the Government in force at the time of regularisation under these rules. 3. For the purpose of sub-rule (1) the appointing authority shall constitute a Selection Committee in accordance with the relevant provisions of the service rules. 4. The appointing authority shall, having regard to the provisions of sub-rule (1), prepare an eligibility list of the candidates, arranged in order of seniority as determined from the date of order of appointment on daily wage basis and if two or more persons were appointed together, from the order in which their names are arranged in the said appointment order. The list shall be placed before the Selection Committee along with such relevant records pertaining to the candidates, as may be considered necessary, to assess their suitability. 5. The Selection Committee shall consider the cases of the candidates on the basis of their records referred to in sub-rule (4), and if if considers necessary, it may interview the candidates also. 6. The Selection Committee shall prepare a list of selected candidates in order of seniority, and forward the same to the appointing authority.";