STATE OF UTTAR PRADESH Vs. PUTTI LAL

JUDGEMENT

(1.) THE petitioners are working as Daily Wagers/ Muster Roll employees in Forest Department of the Government of U. P. for the last several years ranging from about 3 to 20 years. They have filed these writ petitions seeking writ of mandamus directing the respondents to regularise their service and to pay them the same salary which is being paid to the employees belonging to Classes III and IV.

(2.) ONE of these writ petitions No. 23091 of 1995, Sheo Kumar v. State of U. P. was allowed by a learned single Judge on August 25, 1995 with direction to regularise the service of the petitioners therein in terms of the earlier judgment of this Court in Writ Petition No. 26925 of 1990. Against this judgment Special Appeal No. 90 of 1996 has been filed. The Government applied for recall of the said order dated August 25, 1995. This application was rejected by the learned single Judge vide order dated October 2, 1996. While rejecting that application the learned Judge also directed for regularisation of the service of the petitioners therein within one month failing which to face the contempt proceeding. Against the said order another Special Appeal No. 628 of 1996 has been fifed by the Government. In another Writ Petition No. 15302 of 1993, Putti Lal v. State of U. P. a learned single Judge passed an interim order directing the State Government to formulate a Scheme for regularisation/absorption of the employees working as Daily Wager/Muster Roll Employees. Against the said order Special Appeal No. 653 of 1995 has been filed.

(3.) THE learned counsel for the petitioners have made three submissions in support of the writ petitions, viz. (i) keeping the employees for a long period on daily wages is highly unfair, arbitrary land unreasonable. The petitioners' service is, therefore, liable to be regularised and they are also entitled to be paid the same pay which is being paid to regular employees belonging to Classes III and IV; (ii) the respondents are bound by the judgment dated February 25, 1993 Kumaun Van Shramik Sangh Centre v. State of V. P. (Writ Petition No. 15627 of 1988), whereby this Court directed them to pay to the Daily Wager/Muster Roll employees the wages at the rate equivalent to the minimum pay scale of the regular employees in corresponding cadres and also to frame Scheme for regularisation of their service; and (iii) as this Court has allowed a number of writ petitions earlier directing regularisation of service of the petitipners therein, the present petitioners are also entitled to the similar direction, because they and the petitioners in earlier writ petitions which have been allowed, are similarly placed. In support of the above three main points some subsidiary points have also been raised by the learned counsel for the petitioners, but it is not necessary to refer to them in this judgment in view of the order which is proposed to be passed in these cases.