Sri Ram Yadav vs State of U.P.and Others

Heard Sri Alok Kumar Yadav, learned Counsel for petitioner and learned Standing Counsel for respondents.

The petitioner was appointed as a class IV employee on daily wage basis in the forest department in the year 1978. He applied for his Regularisation as a class IV employee in accordance with the provisions of the U.P. Regularisation of Daily Wages Appointments on Group ''D'' Posts Rules, 2001, which came into force with effect from 21122001 and for payment of the minimum of the wages admissible to regular class IV employees. The petitioner''s representation was rejected on 1942002 by the Divisional Director, Social Forestry, Pratapgarh. The petitioner challenged this order by filing Civil Misc. Writ Petition No 19670 of 2002. In the said writ petition a counter affidavit was filed on behalf of respondents admitting that the petitioner has continuously worked from the year 197879 to 199495 and 230 days in the year 199596 while 180 days in the year 199697. The said writ petition was disposed of vide judgment and order dated 17102005 with the bunch of several writ petitions directing the respondents to include the name of the petitioner in the list for consideration of regularisation afresh by the selection committee and till then the petitioner was allowed to continue on daily wage basis with minimum of the pay scale admissible to regular class IV employees. In pursuance of the above judgment and order of the High Court the petitioner submitted a fresh representation for regularisation in service on 892006 which has now come to be rejected by the impugned order dated 17102006.

Necessary counter and rejoinder affidavits have been exchanged in the writ petition and learned Counsel for the parties agree for disposal of the writ petition at the admission stage.

The only ground on which the petitioner has been nonsuited and regularisation of his services have been refused is that the petitioner had not worked for a single day between the year 1991 and 1996 and had worked for 118 days in the year 1997 and 208 days in the year 1998.

The contention of the learned Counsel for the petitioner is that the rejection of the petitioner''s representation on the above ground is against the record and the order is based on incorrect facts. He has placed the report of the Forest Range Officer, Kalakanker, which was submitted by him in pursuance of the letter of the Divisional Director, Social Forestry dated 25102004. In the said report he had given the break up of the petitioner''s working. It shows that the petitioner has worked for 348 days in the year 199091, 350 days in the year 199192, 351 days in the year 199293, 355 days in the year 199394, 353 days in the year 199495 and 230 days in the year 199596. He has also drawn my attention to the counter affidavit of respondents in earlier writ petition No. 19670/02 filed by petitioner, wherein it was clearly admitted by the respondents in paragraph 5 of the Counter affidavit that the petitioner had regularly worked from, the year 197879 to 199495 and had also worked for 230 days in the year 199596 and 180 days in the year 199697. Therefore, in view of the admission of respondents on record the recital in the impugned order that the petitioner had not worked for a single day between the year 1991 and 1996 is factually incorrect and against the records. Accordingly, the rejection of the representation of the petitioner on the above ground is wholly unsustainable and, as such, the impugned order deserves to be quashed.

In Janardan Yadav v. State of UP., 2008 (1) ADJ 60 this Court while considering the matter of regularisation of a classIV employee under the U.P. Regularisation of Daily Wages Appointment on Group ''D'' Posts Rules, 2001 has held that for the purpose of regularisation the only requirement is that the incumbent should have been appointed directly on the daily wages before 2961991 and should be continued, as such, on 21122001. The said rules nowhere requires that such an incumbent seeking regularisation should have worked throughout continuously from the date of his initial appointment till the date of enforcement of the rules. In the instant case, the petitioner was appointed in the year 1978 and was working as a daily wage employee on 2961991. He was even working on 21122001 when the aforesaid rules were made applicable.

In view of aforesaid facts and circumstances and the legal position, the writ petition succeeds and is allowed. A writ of certiorari is issued quashing the impugned order dated 17102006 and a further writ in the nature of mandamus is issued to respondent No. 3 to consider the case of regularisation of petitioner''s services afresh, in accordance with law, as expeditiously as possible, preferably within a period of three months from the date of production of a certified copy of this order.