TRILOKI GOND Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner is seeking a writ of mandamus commanding the respondents to pay salary/wages at the rate of minimum of regular pay scale applicable to Class-IV employees regularly appointed in Forest Department and also to consider his representation dated 14.09.2012 (Annexure-3 to the writ petition) whereby he has also sought regularisation in accordance with U.P. Regularisation of Daily Wage Appointments on Group 'D' posts Rules, 2001 (hereinafter referred to as " Rules, 2001").

(2.) The petitioner claims to have been engaged on daily wage basis sometime in 1998 and is working as such against a Class-IV post. In the entire writ petition neither he has given details of his initial engagement nor subsequent engagement except of some bare facts stated in para 5, 6 and 7 that he is working since 1998 and has rendered more than 10 years of service. In support of contention about his engagement he has filed an experience certificate issued by Forest Ranger showing his working for certain period from October, 1998 to December, 2007.

(3.) So far as question of regularisation is concerned, this aspect has already been dealt with by this court in my judgment of date passed in Writ Petition No. 38108 of 2011, Ravi Shankar Tiwari Vs. State of U.P. and others and in order to entitle a daily wage employee for regularisation under Rules, 2001 this court in para 12 and 16 of the judgment has held as under: