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Dainik Vetan Van Karmchari Sangh Up Thru' Secy. & Others v. State Of U.P. Thru' Principal Secy. Forest Deptt. & Others - WRIT - A No. 44710 of 2001  RD-AH 7189 (4 April 2006)
Civil Misc. Writ Petition No.44710 of 2001
Sri Paras Nath Dube and others
State of U.P. through Principal Secretary, Forest Department,
U.P. Government Lucknow and others
Hon.Shishir Kumar, J.
The present writ petition has been filed in a representative capacity on behalf of the daily wage employees working in Class III and Class IV under the respondents in Azamgarh circle. Petitioners submit that various persons are working in the Forest Department for about 10 to 15 years but their services have not been regularized. The various daily wage employees approached this Court and the Division Bench of this Court has decided the matter and finally the Apex Court in Puttilal case in Civil Misc. Writ Petition No.3634 of 1998 decided on 21st February, 2002 has framed certain guidelines to consider the cases of daily wagers for regularization. The relevant paras of the Apex Court judgment is being reproduced below:-
"In several cases this Court applying the principle for equal pay for equal work as held that a daily wager, if he discharging the similarly duties as those in the regular employment of the Government, should at least be entitled to receive the minimum of the pay scale though he might not be entitled to any increment or any other allowances i.e. permissible to his counter pat in the Government. In our opinion that would be the correct position and therefore, direct that these daily wagers would be entitled to draw the minimum of the pay-scale being received by their counter part in the government and would not be entitled to any other allowances or increment so long as they continue as daily wager. The question of the irregular absorption will obviously be dealt with in accordance with the statutory rule already referred to.
So far as the state of Uttranchal is concerned, a scheme for regularization of daily workers has been produced before us, which prima facie does not appear to be objectionable excepting the provision regarding qualification for regularization.
Be it stated that the qualification essential for being regularized would be the qualification as was relevant on the date of particular employee, was taken in as a daily wager and not the qualification which is being fixed under the Scheme. The fact that the employees have been allowed to continue for so many years indicates the existence of the necessity for having such posts. But still it would not be open for the court to indicate as to how many posts would be created for the absorption of the daily wage workers. Needless to mention that the appropriate authority will consider the case of these daily wagers sympathetically who have discharged the duties for all these years to the satisfaction of their authorities concerned. So far as the salary is concerned, as well have stated in the case of State of Uttar Pradesh, a daily wager in the state of Uttranchal would be also entitled to the minimum of the pay scale as is available to his counter part in the Government until his services are regularized and he is given regular scale to pay.
The Civil appeals and the Special Appeal of the petitioner stand disposed of accordingly.
Delay condoned and applications for intervention and impleadment stand allowed."
The petitioners submit that the respondents were directed to frame a scheme for consideration of the daily wagers for regularization but the respondents without framing any scheme have adopted a policy of pick and choose, has regularized the various junior persons to the petitioners.
A specific averment has been made in paragraphs 8 and 9 to the writ petition which is being reproduced below:-
"8. That the Respondents, Conservator of Forest, Azamgarh circle, Azamgarh and the Divisional Forest Officer of Ballia, Mau and Azamgarh have jointly made direct appointments of persons in group ''C' and group ''D' vacancies instead of regularizing the daily wagers. Sri Nirmal Yadav and Sri Hayat Singh who were appointed in on daily wage in Azamgarh Circle in 1996 were not entitled for regularization either under the Rules of 1998 or of the Rules 2001 and for absorbing them direct appointment has been made on the post of Mali in Group 'D' by the respondents numbers 3 to 6."
"9. That some of the daily wagers have been appointed but in an arbitrary manner in a pick-choose manner without adopting any procedure either according to Rules or seniority. Ram Awadh Yadav, Harihar Singh and Baij Nath Pandey have been appointed on the post of Mali while Chandra Bhushan, Amar Jeet, Ashok Singh, Gajendra Singh have been appointed on the post of Forest Guard.
All these appointments have been done showing favours to the respective employees on some consideration only best known to the Respondents 3 to 6. The seniority list shall amply demonstrate and establish the arbitrary exercise of powers by Respondents 3 to 6 and such act of said respondents hits the rights guaranteed under Article 14 of the Constitution of India."
It has further been submitted that there is no denial in the counter affidavit filed on behalf of respondents, instead of denial the respondents have admitted this fact regarding regularization of Nirmal Yadav and Hiyat Singh. The plea taken by the respondents is that the Selection Committee constituted under the provision of Rules after being found eligible for regularization as required by the provision of Regularization Rules, those persons have been regularized. Further it has been submitted that the respondents have not disclosed any reason that why the petitioners have not been regularized. Though there is no complaint against the petitioners at any point of time. It has further been submitted that in spite of the direction issued by the Apex Court, no rules have been framed.
I have heard learned counsel for the petitioners and respondents' counsel and have perused the record.
As the controversy has already been decided by the Apex Court in view of the aforesaid fact, the writ petition is disposed of with a direction to the respondent No.3 to act strictly in view of the direction issued by the Apex Court and the persons eligible according to the direction of the Apex Court in Putti Lal's case, the daily wage employees should be considered. It is also made clear that no pick and choose policy will be adopted.
There shall be no order as to costs.
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