PITAMBARI NAUTIYAL Vs. DIRECTOR FOREST RESEARCH INSTITUTE, DEHRADUN

JUDGEMENT

(1.) HEARD the learned counsel for the parties.

(2.) BY the present writ petition the petitioner has prayed for the issue of a writ, order or direction in the nature of mandamus directing the respondents to constitute the Departmental promotion committee and consider the case of the petitioner for promotion in Technical Assistant Grade 'C' post and to give effect the direction of Hon'ble Supreme Court as provided in annexure -1 to this writ petition.

(3.) BRIEF facts giving rise to the present writ petition are that petitioner joined service with the respondent on daily wage basis on 22.6.1981. The petitioner's services were regularised w.e.f. 26.8.1988. The petitioner along with other daily wage labourers approached the Apex Court and the Apex Court was pleased to pass the following order on 10.3.1988 : "Heard the learned counsel for the parties, we have also perused the writ petition and two counter affidavits. It is not disputed that the petitioners have been working in the establishment for more than 4 to 5 years. This gives us the impression that there is regular need for this employment. Though this is the position, petitioners are being continuing as daily rated employees, we do not think should be permitted when the wage of daily rated employees is about half of regular employees. We direct the opposite party respondent to absorb the petitioners on regular basis. If there be any other similarly situated employees senior to them they should be given the same benefit. This should be done within three months hence. Initially the absorption should be against group D posts and as and when departmental opportunity against group 'C' posts open up, they should be considered. The writ petition is disposed of accordingly with no order as to costs.