HIGH COURT OF UTTARANCHAL AT NAINITAL (Court’s order whether the case is or not approved for reporting.) (Chapter VIII Rule 32 (2)(b) Description of the case. W.P. S/S No. 1879 / 2003 Parsu Ram & others Vs State of Uttaranchal & Others Approved for reporting. _____________________ Not approved for reporting Date of decision 6.3.2006 Initial of Judge 2 I N THE HI GH COURT OF UTTARANCHAL AT NAI NI TAL W RI T PETI TI ON NO: 1 8 7 9 OF 2 0 0 3 ( S/ S) 1. Parsu Ram S/ o Sri Ram Singh at present working as Veet Watcher In East Tarai Ban Prabhag Haldwani, Surai Range, Haldwani. 2. Babu Lal S/ o Sri Shiv Ratan at present working as Chowkidar, In East Tarai Ban Prabhag Haldwani, Barakoli Range, Haldwani. 3. Suresh Chandra S/ o Sri Ramesh Chandra, at present working as Veet Watcher In East Tarai Ban Prabhag Haldwani, Barakoli Range, Haldwani. 4. Zaheerool Hasan S/ o sri Janool Hasan Jaidi, at present working as Gate Keeper, In East Tarai Ban Prabhag Haldwani, Khatima Range. 5. Pappu Veg, S/ o Sri Hamid Veg, at present working as Truck cleaner, In East Taria Ban Prabhag Haldwani, Head Office, Haldwani. 6. Chunni Lal S/ o Sri Bihari Lal at present working as Veet Watcher In East Tarai Ban Prabhag Haldwani, Surai Range, Haldwani. 7. Ram Murti, S/ o Sri Salik Ram at present working as Gat Keeper In East Tarai Ban Prabhag Haldwani, Surai Range, Haldwani. 8. Bhupal Singh, S/ o Sri Hayat Singh, at present working as Veet Watcher In East Tarai Ban Prabhag Haldwani, Surai Range, Haldwani. 9. Rekha Rani, W/ o Sri Manoj Kumar, at present working as Sweeper In East Tarai Ban Prabhag Haldwani, Surai Range, Haldwani. 10. Chunni Lal, S/o Sri Girdhari Lal at present working as Veet Watcher In East Tarai Ban Prabhag Haldwani, Surai Range, Haldwani, 11. Mangal Sen, S/ o Sri Jhamyyan Lal, at present working as Gate keeper In East Tarai Ban Prabhag Haldwani, Khatima Range. 12. Riyaz Ahmad, S/ o Sri Allaudin at present working as Veet Watcher In East Tarai Ban Prabhag Haldwani, Khatima Range. 13. Ram Prakash, S/ o Sri Ram Swaroop at present working as Gate Keeper In East 3 Tarai Ban Prabhag Haldwani, Khatima Range. 14. Bharat Singh, S/ o Sri Babu Ram At present working as Gate keeper In East Tarai Ban Prabhag Haldwani, Khatima Range. 15. Navi Ahmad, S/ o Sri Banke at present working as Veet Watcher In East Tarai Ban Prabhag Haldwani, Khatima Range. 16. Atiq Hussain, S/ o Sri Like Hussain at present working as Veet Watcher In East Tarai Ban Prabhag Haldwani, Khatima Range. 17. Kamla Devi, W/ o Sri Prawan Kumar at present working as Mali In East Tarai Ban Prabhag Haldwani, Barakoli Range, Haldwani. 18. Trilok Ram, S/ o Sri Madho Ram at present working as Ropan Rakshak In East Tarai Ban Prabhag Haldwani, Gola Range, Haldwani. 19. Dayal Singh S/o Sri Kalu Singh at present working as Veet Watcher In East Tarai Ban Prabhag Haldwani, Doli Range, Haldwani. 20. Atma Singh S/ o Sri Gurudeepa Singh at present working as Veet Watcher In East Tarai Ban Prabhag Haldwani, Barakoli Range, Haldwani. 21. Awtar Singh S/ o Sri Duggan Singh at present working as Veet Watcher In East Tarai Ban Prabhag Haldwani, Barakoli Range, Haldwani. 22. Balli Yadav S/ o Sri Nageshwar Yadav at present working as Veet Wathcher In East Tarai Ban Prabhag Haldwani, Barakoli Range, Haldwani. 23. Mahesh Kumar, S/ o Sri Gendan Lal at present working as Wireless Sharamik In East Tarai Ban Prabhag Haldwani, Barakoli Range, Haldwani. 24. Mahipal Singh S/ o Sri Sukhpal Singh at present working as Veet Watcher In East Tarai Ban Prabhag Haldwani, Surai Range, Haldwani. 25. Ganga Vishnu, S/ o Sri Ram Preeti at present working as Veet Wather In East Tarai Ban Prabhag Haldwani, Surai Range, Haldwani. 4 26. Shankar S/ o Sri Beerbal at present working as Veet Watcher In East Tarai Ban Prabhag Haldwani, Surai Range, Haldwani. 27. Satpal S/ o Sri Baldev Prasad at present working as Veet Watcher In East Tarai Ban Prabhag Haldwani, Surai Range, Haldwani. 28. Ram Darash, S/o Sri Kedar Pal at present working as Veet Watcher In East Tarai Ban Prabhag Haldwani, Khatima Range. 29. Savitri Devi W/ o Sri Kharak Singh at present working as Veet Watcher In East Tarai Ban Prabhag Haldwani, Khatima Range. 30. Badam Singh S/ o Sri Shyam Lal at present working as Court Sahayak In East Tarai Ban Prabha Haldwani, Khatima Range. 31. Singh Rana, S/ o Sri Kesar Singh Rana at present working as Veet Watcher In East Tarai Ban Prabhag Haldwani, Jolla Sal Range, Haldwani. 32. Jaspal Singh Rana, S/ o Sri Bhajan Singh at present working as Veet Watcher In East Tarai Ban Prabhag Haldwani, Gola Range, Haldwani. 33. Jaspal Singh, S/o Sri Bhajan Singh at present working as Veet Watcher In East Tarai Ban Prabhag Haldwani, Jola Sal Range, Haldwani. 34. Munesh Singh Rana S/ o Sri Ram Kisan Rana at present working as Gate Keeper In East Tarai Ban Prabhag Haldwani, Kilpura Range Haldwani. 35. Sushil Kumar S/o Sri Devan Lal at present working as Kshetra Paricher In East Tarai Ban Prabhag Haldwani, Dolli Range, Haldwani. 36. Tara Ram S/o Sri Kheem Ram At present working as Chowkidar In East Tarai Ban Prabhag Haldwani, Head Office, Haldwani. 37. Pravesh Singh Rana S/ o Sri Ram Kishan Rana at present working as Veet Watcher In East Tarai Ban Prabhag Haldwani, Jolla Range, Haldwani. 38. Babu Ram S/ o Sri Puran lat at present working as Night Wathcher In East Tarai Ban Brabhag Haldwani, Khatima Range. 5 39. Laxmi Dutt S/ o Sri Keshav Dutt at present working as Chowdidar In Haldwani Ban Prabhag Haldwani, Sarda Range, Haldwani. 40. Sujan Singh S/ o Sri Baldev Singh at present working as Veet Watcher In Haldwani Ban Prabhag Haldwani, Sarda Range, Haldwani. 41. Pan Singh Goniya S/o Sri Bhawan Singh at Present working as Veet Watcher In Haldwani Ban Prabhag Haldwani, Nandhor Range, Haldwani. 42. Nand Lal, S/ o Sri Mohan Lal at present working as Gate Keeper In Haldwani Ban Prabhag Haldwani, Sarada Range, Haldwani. 43. Yadu Nath Prasad S/o Sri Lila Ram Verma at present working as Guast Guard In Haldwani Ban Prabhag Haldwani, Sarada Range, Haldwani. 44. Dharam Pal Tamta S/ o Sri Bhuwan Ram Tamta at present working as Gate Keeper I n Haldwani Ban Prabhag Haldwani, Sarada Range, Haldwani. 45. Lalta Prasad W/ o Sri Lal Chandra at present working as Veet Watcher In Haldwani Ban Prabhag Haldwani, Jolla Sal Range, Haldwani. 46. Karam Singh S/ o Sri Dan Singh at present working as Veet Watcher In Haldwani Ban Prabhag Haldwani, Sarada Range, Haldwani. 47. Amar Singh Gonia S/ o Lachham Singh at present working as Gate keeper In Haldwani Ban Prabhag Haldwani, Sarada Range, Haldwani. 48. Bhuwan Chandra Joshi S/o Sri Chinta Mani at present working as Gate keeper In Haldwani Ban Prabhag Haldwani, Sarada Range, Haldwani. 49. Prem Singh Mehara S/o Sri Deva Singh at present working as Dakiya In Haldwani Ban Prabhag Haldwani, Sarada Range, Haldwani. 50. Janki Devi W/ o Shiv Dutt at present working as Veet Watcher In Haldwani Ban Prabhag Haldwani, Nandhor Range, Haldwani. 51. Nanda Ballabh S/o Sri Umapati Kandpal at present working as Veet Watcher In Haldwani Ban Prabhag Haldwani, Joll Sal Range, Haldwani. 6 52. Dhan Bhadur S/ o Sri Harak Bahadur at present working as Dak Runner In Kendriya Ban Prabhag Haldwani, Barhani Range, Haldwani. 53. Mohan Singh Mehta S/ o Sri Daulat Singh at present working as Gate keeper In Kendriya i Ban Prabhag Haldwani, Barhani Range, Haldwani. 54. Dharam Singh S/ o Sri Jagat Singh at Present working as Wireless operator I n Kendriya Ban Prabhag Haldwani, Tanda Range, Haldwani. 55. Bahadur Dingh S/ o Sri Dhan Singh at present working as Chowkidar In Kendriya i Ban Sanrakshak Haldwani, Silva Range, Haldwani. -----Pet it ion er Ver su s 1- State of Uttaranchal through Forest Secretary, Government of Uttaranchal, Dehradun. 2- Principal Chief Conservator of Forest Kumaon Mandal Uttaranchal Nainital. 3- Chief Conservator of Forest Kumaon Mandal Uttaranchal Nainital. 4- Conservator of Forest West Kumaon Nainital. 5- Divisional Forest Officer, Kendriya Tarai Ban Prabhag Haldwani District Nainital. 6- Divisional Forest Officer, Kendriya Tarai Purvi Ban Prabhag Haldwani District Nainital. 7- Divisional Forest Officer, Haldwani Anusandhan District Nainital. 8- Conservator of Forest Anusandhan Haldwani District Nainital. -----Respon den t s Sri M.C. Kandpal, Advo, learned counsel for petitioner. Learned Standing Counsel for respondents. Dat ed : Mar ch 6 , 2 0 0 6 . HON’BLE RAJESH TANDON, J. By the present writ petition the petitioners have prayed for a writ of mandamus directing the respondents to regularize the services of the 7 petitioners on their respective post in the forest department and pay regular salary to them. Briefly stated, the petitioners were initially appointed as daily wagers in the department of the respondents. The details are given in Annexure 2 of the writ petition. The same are quoted below: “ EAST TARAI BAN PRABHAG HALDW ANI S.N. Names Name Father’s Name Education Qualificati on Working year in Deptt. Present post Range Division 01- Parsu Ram Ram Singh Sakshar June 83 Veet Watcher’ Surai Tarai Eas 02- Babu Lal Shiv Ratan Do Do Chowkidar Barakoli Do 03- Surresh Chandra Ramesh Chandra 9th 1986 Veet Watcher Do Do 04- Zaheerool Janool Hasan Jaidi Inter 1990 Gate Keeper Khatima Do 05- Pappu Veg Hamid Veg 8th 1992 Truck Cleaner Head Office Do 06- Chunni Lal Bihari Lal Saksar Do Veet Watcher Surai Do 07- Ram Murthi Salik Ram Do July 94 Gate Keeper Do Do 08- Bhupal Singh Hayat Singh Inter 20-1- 1995 Do Do Do 09- Rekha Rani Manoj Kumar Saksar March 95 Sweeper Do Do 10- Chunni Lal Girdhari Lal Do Do Veet Watcher Do Do 11- Mangal Sen Jhamyyan Lal Do 1995 Gate Keeper Khatima Do 12- Riyaz Ahmad Allaudin Do Do Veet Watcher Khatima Do 13- Ram Prakash Ram Swaroop 5th Do Gate Keeper Khatima Do 14- Bharat Singh Babu Ram 8th Do Do Do Do 15- Navi Ahmad Banke 5th Do Veet Watcher Khatima Do 8 16- Atiq Hussain Like Hussain 8th Do Do Do Do 17- Kamla Devi Sravan Kumar Saksar Nov.95 Mali Barakoli Do 18 Trilok Ram Madho Ram 8th 1995 Ropan Rakshak Gola1 Do 19- Dyal Singh Kalu Singh Niraksar 1995 Night Watcher Dolli Do 20- Atma Singh Gurudeep Singh Do 1996 Veet Watcher Barakoli Do 21- Awtar Singh Duggan Singh Niraksar 1996 Veet Watcher Do Do 22- Balli Yadav Nageshwar yadav Do 1996 Do Do Do 23- Mahesh Kumar Gadan Lal Saksar 1996 Wireless Shramik Do Do 24- Mahipal Singh Sukhpal Sinhg 10th 1996 Veet Watcher Surai Do 25- Ganga Rampreeti Saksar 1996 Do Do Do 26- Shankar Shankar Beerbal Do Do Do Do 27- Satpal Baldev Prasad Do Do Do Do Do 28- Ram Darash Kedar pal Do Do Gate Keeper Khatima Do 29- Savitri Devi Kharak Singh Do Do Mali Do Do 30- Badam Singh Shayam Lal 8th Do Court Sahayak Do Do 31- Singh Rana Keshav Singh Rana Do 1/ 5/ 97 Veet Watcher Jola Sal Do 32- Prema Pandey Madan Mohan Inter 1-3-97 Do Golla Do 33- Jaspal Singh Bhajan Singh 8th 1-7-97 Do Jolla Sal Do 34- Munish Singh Ram Kisan Rana 9th 21-1-97 Gate Keeper Kilpura Do 35- Sushil Kumar Devan Lal 7th 1997 Kshetra Parichar Dolli Do 36- Tara Ram Kheem Ram 8th 1-1-98 Chowkidar H Office Do 37- Pravesh Singh Ram Kisan Rana 9th 1-3-98 Veet Watcher Jolla Sal Do 38- Babu Ram Pural Lal 8th 1999 Night Watcher Khatima Do 9 HALDWANI BAN PRABHAG 39- Laxmi Dutt Kesav Dutt 5th 1974 Chowkidaw Sarda Haldwani Pr. 40- Sujan Singh Baldev 5th 1980 Veet Watcher Do Do 41- Pan Singh Bhawan Singh 9th 1-12-86 Do Nandbor Do 42- Nand Lal Mohan Lal Inter 1-7-89 Gate Keeper Sarda Do 43- Yadu Nath Lila Ram Verma 10th 1/ 10/ 89 Gust Guard Do Do 44- Dharam Pal Bhuwan Ram Tamta Inter 1-2-90 Gate Keeper Do Do 45- Lalta Prasad Lal Chandra Saksar 1990 Veet Watcher Jollasal Do 46- Karam Singh Dan Singh 7th 1-1-95 Do Sarda Do 47- Amar Singh Lachham Singh Inter 1-12-95 Gate Keeper Do Do 48- Bhuwan Joshi Chinta Mani 9th 1-5-96 Do Do Do 49- Prem Singh Dev Singh 8th 1-1-98 Dakiya Do Do 50- Janki Devi Shiv Dutt Saksar 1998 Veet Watcher Nadhor Do 51- Nanda ballabh Umapati Kandpal Do 1999 Do Jolasal Do TARAI KENDRIYA BAN PRABHAG 52- Dhan Bhadur Harak Bahadur Niraksak 1996 Dak Runner Barahani Tarai Ken 53- Mohan Singh Daulat Singh 8th 1972 Gate Keeper do do 54- Dharam Singh Jagat Singh Do 1972 W Operator Tanda do BAN SANRAKSAK ANUSANDHAN HALDWANI 55- Bahadur Singh Dhan Singh Saksar 1997 Chowkidar Shilva Vratt A perusal of the aforesaid appointment shows that some of the petitioners are continuing since 10 1972 but they had not been regularized. Counter affidavit has been filed by the State that some of the petitioners have already been regularized and in para 6 of the counter affidavit it has been stated that only those employees are being paid minimum of pay only who are within the ambit of regularization. The matter came up before the Allahabad High Court in the case in of Putti Lal reported in St at e of U.P. an d ot h er s Vs Pu t t i Lal- ( 1 9 9 8 ) 1 U.P.L.B.E.C. 3 1 3 . Writ petitions were decided directing for framing the rules for regularization. The observations are quoted below: “In pursuance of the directions issued by this Court pending these cases the Government of U.P. has submitted more than one Scheme for regularization of the petitioners, those Schemes hardly contain any hope for their regularization. It has been stated therein that the petitioners can be considered for regularization against available vacancies after amending service rules. Available vacancies being few no substantial help can be expected from them. That apart, the Government while framing those Schemes has not applied its mind to the questions dealt with herein above. These are aspects which are to be considered by the Government before framing Scheme for absorption of the petitioners. In the present case the appropriate pleadings are also not there so as to declare the employment of the petitioners as daily wager for considerable long period as “unfair labour practice”. We , are , therefore, not expressing and 11 final opinion on this question also. The questions dealt with herein above are to be considered and decided by the Government before framing the Scheme for regularisation/ absorption of the petitioners and other similarly placed employees. For the reasons given above, these writ petitions and the Appeals are partly allowed. The judgments impugned in the Appeals are set-aside. The Government of U.P. is directed to appoint a Committee consisting of Secretaries of Finance and Forest Departments and the Legal Remembrance or their nominees within a month of production of certified copy of this judgment before the Secretary Forest Department, Uttar Pradesh. The Committee to appointed will consider the question of framing Scheme for regularization/ absorption of the petitioners and other similarly placed employees working in the Forest Department and the Schemes undertaken by the said Department. The committee will pass speaking order and will submit its report within a period of three months of the date of its constitution by the Government. It will be open to the Association Union of the petitioners to make representation containing all their grievances in this regard before the Committee and if such a representation is made the same shall also be decided by speaking order by the said Committee within the same time specified above. The Government will thereafter pass appropriate order taking into consideration the report of the Committee and material available on the record, within one month of the receipt of the report of the 12 Committee. The whole exercise by the Committee as well as by the Government should be completed within six months from the date of production of certified copy of this judgment before the Government. Till then the parties shall maintain status quo.” However, the matter went to the Apex Court and the Apex Court has also directed for framing the scheme for daily wagers. The word ‘minimum pay’ has also been considered for daily rated workmen in the case of St at e of U.P. Vs. Pu t t i Las 2 0 0 2 ( 1 ) E.L.C.5 2 4 ( SC) where it has been observed as under: “In several cases this Court applying the principal of equal pay for equal work has held that a daily wager, if he is discharging the similar duties as those in the regular employment of the Government, should at least be entitled to receive the minimum of the pay scale though he might not be entitled to any increment or any other allowance that is permissible to his counter part in the Government.” In the meantime the Uttaranchal Government has introduced the Uttaranchal Forest Department Regularisation (On Group ‘D” Posts) of Daily Wages Appointment Rules, 2003 and the Rules having been framed with the cut of date 1991. The said Rules are quoted below: “ Regu lat ion of daily w ages appoin t m en t on Gr ou p “ D” Post s: (1) Any person who: 13 (a) was directly appointed on daily wages basis on a Group “D” post in the Forest Department under Government service before June 29, 1991 and in continuing in service as such on the date of commencement of these rules; and (b) possessed requisite qualification prescribed for regular appointment for that post at the time of such appointment on daily wage basis under the relevant service rules, shall be considered for regular appointment in permanent or temporary vacancy, as may be available in the Forest Department in Group “D” post, on the date of commencement of these rules on the basis of his record and suitability before any regular appointment is made in such vacancy in accordance with the relevant service rules or orders. 6 -Appoin t m en t be deem ed t o be u n der , t h e r elev an t ser v ice r u les et c.: Appointments made under these rules shall be deemed to be appointments under the relevant service rules or orders, if any. 7 - Sen ior it y : (1) A person appointed under these rules shall be entitled to seniority only from the date of appointment after selection for regularization in accordance with 14 these rules and shall, in all cases be placed below the persons appointed in accordance with the relevant service rules, or as the case may be, the regular prescribed procedure, prior to the appointment of such persons under these rules. (2) If two or more persons are appointed together, their seniority interse shall be determined in the order mentioned in the order of appointment.” In the light of the aforesaid rules as well as in the light of the judgment of the Apex Court, the respondents are directed to pass appropriate orders considering the claim of the petitioners regarding regularization in accordance with law. In the meantime the respondents are directed to pay minimum of the pay scale of the petitioners in the light of the judgment of the Apex Court. The writ petition is allowed. A writ of mandamus is issued directing the respondents to the pass appropriate orders considering the claim of the petitioners for regularization in accordance with law. ( Raj esh Tan don , J) 06.03.2006 Negi.