RAKESH SHUKLA Vs. PRINCIPAL SECRETARY FOREST AND OTHERS

JUDGEMENT

(1.) Sole petitioner-Rakesh Shukla has come to this Court by means of present writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding respondents to pay him minimum pay scale of Group 'D' post pursuant to Supreme Court's judgment in State of U.P. and others vs. Putti Lal, 2002 2 UPLBEC 1595 and also to regularise as Forest Guard.

(2.) Facts, in brief, as pleaded in writ petition are that petitioner, working since 01.01.1990 as daily wage Forest Guard and is entitled for regularization under U. P. Regularization of Daily Wages Appointments on Group 'D' Posts Rules, 2001 (hereinafter referred to as the "Rules, 2001") and also minimum in regular pay scale applicable to regularly appointed Forest Guards, in the light of Supreme Court's judgment in State of U.P. and others vs. Putti Lal (supra). It is also alleged that petitioner moved an application dated 16.04.2003 requesting for his regularisation but no action has been taken thereon.

(3.) Respondents have filed a counter affidavit sworn by Sri Arshad Jalil Khan, Range Officer, Nawab Ganj Range, Social Forestry Division, Bareilly, stating that petitioner was engaged as a casual daily labourer from time to time. However, it is denied that he was working as "Forest Guard" and instead it is said that he was discharging duties from time to time as assigned to him relating to watch and ward of departmental plantations. Petitioner cannot be considered for regularization since number of posts available in concerned Social Forestry Division are less than the number of daily wagers engaged. The date of engagement of petitioner stated in para 2 of writ petition, i.e., working since 01.01.1990 is not admitted and instead in paras 12 and 19 of counter affidavit it is said that petitioner has worked since 1996, therefore not eligible for regularization under Rules, 2001.