RAM SARAN Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Nand Kishore learned counsel for the appellants and Sri Shatrughan Chandhary, Addl. Chief Standing Counsel for the State.

(2.) Petitioners-appellants namely Ram Saran, Ram Tej and Chaitu are daily wage employees, engaged as Mali since the years 1985,1979 and 1981 respectively in Department of Forest, Government of U.P.. While preferring the aforesaid writ petition, the petitioners submitted before the writ Court that they are entitled for regularization under U.P. Regularization of Daily Wages Appointments on Group-D Post, Rules, 2001. The representation of the petitioners, to this effect, has been rejected by the Divisional Forest Officer respondent no. 4, which, according to the counsel, suffers from substantial illegality. Writ Petition has been dismissed by the learned Single Judge on the ground that the petitioners are not qualified for regularization in accordance with the Regularization Rules. However, a perusal of the impugned judgment reveals that the learned Single Judge has not considered the earlier judgment of this Court in its true spirit whereby this Court had directed to consider the petitioners-appellants case for regularization.

(3.) Petitioners, earlier to this, have approached this Court by preferring Writ Petition No. 5348 of 1990 (S/S) (Van Vibhag Shramik Sangh Vs. State of U.P. and others) alongwith other connected writ petitions. The writ petition was decided finally by judgment and order dated 13.7.2003, directing the Respondent-State to consider the petitioners case for regularization under Regularization Rules of 2001 as well as in view of the Apex Court judgment State of U.P. Vs. Putti Lal, 2002 2 UPLBEC 1595. Relevant portion of the judgment dated 13.7.2013 is reproduced below:-