HEM CHANDRA BHATT Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) By means of this writ petition, moved under Article 226 of the Constitution of India, the petitioners have sought mandamus directing the respondents to give time scale to the petitioners as per Regulation 13 relating Group 'C' posts of U.P. Forest Corporation General Services Regulations w.e.f. 1.8.1996.

(2.) Brief facts of the case, as narrated in the writ petition, are that the petitioners were initially appointed as daily wagers on the posts of Assistant Grade-III in Forest Development Corporation. A Selection Committee was constituted by the Corporation, for giving temporary appointment against said posts and said Committee selected seven persons including the five petitioners for their appointment against the posts of Assistant Grade-III. In pursuance of said recommendation, the petitioners along with other two persons got appointment letters dated 31.7.1986 (copy Annexure-1 to the writ petition) and joined their duties. However, vide letter dated 13.1.1987 (copy Annexure-2 to the writ petition), Regional Manager West Ramnagar cancelled the appointments made vide letter dated 31.7,1986 under orders of the Managing Director of the Corporation. Aggrieved by the said order a writ petition No. 5681 of 1987 was filed before the High Court of judicature at Allahabad by the petitioners. However, on being given assurance by "Karamchari Sangh," the writ petition was withdrawn on 5.5.1987 (copy Annexure-3 to the writ petition). Thereafter on 31.10.1987 fresh appointment letters were issued to all the seven persons including the petitioners, a copy of which is filed as Annexure-4 to the writ petition. On representation of the petitioners seniority was given to them w.e.f. 31st July, 1986 by the General Manager of the Corporation vide his letter dated 5.12.2000 (copy Annexure-5 to the writ petition). As such the petitioners are continuously working without break, and are covered under definition of 'employee' given under Regulation 3 (XV) of U.P. Forest Corporation General Services Regulations. It is further alleged in the writ petition that in view of the length of the service of the petitioners they are entitled to time scale and promotion to Assistant Grade-II. It is also submitted in the writ petition that two persons namely, Jag Mohan Singh Negi and J.P. Bahukhandi, on completion of ten years of their service as Assistant Grade-III, were given the promotion but the petitioners were left out without any reason. Claiming the time scale since 1996, this writ petition has been filed.

(3.) A counter affidavit has been filed on behalf of respondent Nos. 3 and 4 in which it has been stated that the writ petition is not maintainable as the petitioners have alleged cancelled the fact that their appointments are not made in accordance with rules as the same was not approved by the Managing Director of the Forest Development Corporation. To substantiate this objection copies of letter dated 3.11.1987 (copy Annexure-C.A. 1) and letter dated 21.6.2003 (copy Annexure-C.A. 2) are filed with the counter affidavit. Apart from preliminary objections, it is stated in the counter affidavit that since the appointment letters given to the petitioners are not according to law, hence these do not confer any right on them. It is further stated in the counter affidavit that petitioners being still daily wagers have no right to regularisation on the post of Assistant Grade-III nor of the time scale. It is also denied if they are covered under definition of 'employee' under the Regulations applicable to Assistant Grade-III and Assistant Grade-II. In Para 14 of the counter affidavit it has been stated that Jagmohan Singh Negi and J.P. Bahukhandi were given the pay scales as their initial appointment was against the substantive post of Assistant Grade-III and they had completed ten years of satisfactory service.