JAG LAL Vs. DIRECTOR HORTICULTURE U P GOVERNMENT

JUDGEMENT

(1.) Heard S/Shri Narendra Mohan, V.K. Singh, N.A. Khan and Devi Prasad Mishra, learned Counsel appearing for petitioners in the above writ petitions, and learned Standing Counsels for respondents.

(2.) By means of these writ petitions, petitioners, working as Class-IV Employees as "Mali" on daily wages have prayed for regularisation of their services with respondents and for payment of regular wages. During the pendency of these writ petitions, a process of regularisation was undertaken in which twelve Malis, including petitioners were recommended to be regularised by a Regularisation Committee, on 7.1.2003, under the U.P. Regularisation of Daily Wages Appointment on Group 'D' Posts Rules 2001. Petitioners have also challenged the validity of the process of regularisation and the method and manner in which their seniority was determined for the purposes of regularisation.

(3.) The facts giving rise to these writ petitions arc that petitioners are working in the Horticulture Department at Allahabad as Malis on daily wages. Some of the petitioners arc working since 1984-85. They were mainly engaged in various gardens run by the Horticulture Department at Allahabad including Alfred Park. By Government Order dated 26th September 1987 "Uddyan Prayog Avam Prashikshan Kendra" were established under a scheme by State Government, at Lucknow, AHahabad and Jhansi. These centres were established for disseminating and providing knowledge of latest methods and techniques in Horticulture to the farmers, with special emphasis to Mango, Guava and Lemon including its various processes, selection of species, plant protection, to increase the production and to train the officers and employees in this regard. AH the petitioners were taken on daily wages in the scheme at Allahabad as Class IV employees, with its office of Khusroobagh in the year 1987-88. Initially the aforesaid Government Order sanctioned 30 posts including the Chief Horticulture specialists, Cits specialist, Pathologists etc., including three Class IV posts of Chaukudar and Peon. Financial grants were given for 34 posts of Malis. Initially 32 employees were taken from different places in the Horticulture Department on regular basis. At present, however, only 22 Malis are working and that there are 12 regular vacancies.