ROSHNI DEVI Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) Present petition has been filed by the petitioner for a direction to the respondents to consider the case of the petitioner for regularization in terms of observation made by the Hon'ble Supreme Court in the case of Secretary of Karnataka and others Vs. Uma Devi, 2006 4 SCC 1. Further prayer has been made for a direction to the respondents to pay the minimum pay scale for the post of Chowkidar. It has further been prayed that direction may be issued to the respondents not to interfere in the working of the petitioner on the post of Chowkidar.

(2.) Learned counsel for the petitioner submitted that the petitioner was appointed on the post of Chowkidar on daily wage basis in Forest Range NagurGar, Tehri Dam Forest Division II, Uttarkashi in the year 1993 and since 1993 to 15.09.2008, she worked in Nagurgar Forest Range. After 15.09.2008, the petitioner is working as a Chowkidar on daily wage basis in Kamanand Forest Range Tehri Dam, Forest Division II, Uttarkashi. He submitted that the petitioner is continuously working as a Chowkidar on daily wage basis for last more than 16 years. He submitted that during this period, the higher authorities always appreciated the work of the petitioner. He submitted that on 27.05.2009, the Divisional Forest Officer, Tehri Dam Forest Division, Uttarkashi wrote a letter to Range Officer, Nagur Gar Forest Range, Tehri Dam Forest Division II, Uttarkashi and directed the Range Officer to send the detail papers regarding work rendered by the petitioner in the department i.e. Forest Range.

(3.) Learned counsel for the petitioner submitted that though prayer has been made by him in the writ petition for considering his case in terms of observation made by the Hon'ble Apex Court in Uma Devi's case but, in fact, his case is totally identical to the case of Putti Lal and is covered by the judgment dated 21.02.2002 passed by the Hon'ble Apex Court in Civil Appeal No.3634 of 1998 (State of U.P. and others Vs. Putti Lal and others), in which the Hon'ble Supreme Court has held as under:-