Court No.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No.129 of 2004 Pooran Singh and others. …… Petitioners Versus The State of Uttaranchal through the Secretary, Ministry of Forest Uttaranchal and others. ……… Respondents ……………….. Sri V.B.S. Negi, learned counsel for the petitioners. Sri H.M.Raturi, learned Standing Counsel for the respondents. Date: Aug. 06,2008. Hon’ble P.C.Verma,J. This petition has been filed by the petitioners challenging the order dated 01.10.2003 passed by respondent No.3/Divisional Forest Officer, Kalagarh Tiger Reserve Division, Lansdowne, contained in Annexure No.8 to the writ petition. Further a writ of mandamus directing the respondents to regularize the services of the petitioners on the post on which they are working has also been sought. 2. The petitioners were appointed as Seasonal /Daily wages employees in the department on different dates during the year 1964-1986. The services of the petitioners were extended time to time. The case of the petitioners for regularization has been rejected by the selection committee, which was formed in pursuance of the Uttaranchal Forest Department (Group-D) Daily 2 Wages Appointments Regularization Rules, 2003 on the ground that none of the petitioners have completed 240 days’ service in each and every calendar year. It is clear from the record that the petitioner Nos.1 to 11 have been working in the department with effect from 01.11.1985, 23.11.1964, 17.11.1964, 25.12.1965, 01.11.1981, 01.11.1981, 01.11.1982, 01.11.1984, 01.11.1985, 01.11.1985 & 01.11.1986 respectively. The fact that the employees have been allowed to continue for so many years indicates the existence or the necessity for having such posts. The State Government in exercise of power conferred under the proviso to Article 309 of the Constitution has framed the rule called The Uttaranchal Forest Department (Group-D) Daily Wages Appointments Regularization Rules, 2003. The said Rules are statutory rules and govern the case of petitioners for regularization. 4. In view of the facts and circumstances of the case, it is provided that the respondents shall consider the case of the petitioners for regularization on the post on which they are working in the department ignoring the artificial break under The Uttaranchal Forest Department (Group-D) Daily Wages Appointments Regularization Rules, 2003. 5. The writ petition is disposed of accordingly. No order as to costs. (P.C.Verma,J.) 06.08.2008 P.Singh