IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL WRIT PETITION No. 1178 (S/S) OF 2003 Moti Singh aged about 48 years, Son of Dungar Singh R/o Village – Bimaula, P.O. Syalidhar District Almora. ………….Petitioner Versus 1. The State of Government through Secretary, Forest Department, Government of Uttaranchal at Dehradun. 2. Divisional Forest Officer, Civil Soyam, District Almora 3. Range Officer, Kosi Range, Almora …… Respondents 09.03.2006 Sri Harsh Vardhan Sah, learned counsel for the petitioner. Learned standing counsel for the respondents. Hon’ble Rajesh Tandon, J. Heard Sri Harsh Vardhan Sah, Learned counsel for the petitioner and standing counsel for the respondents. By the present writ petition, the petitioner has prayed for a writ of certiorari quashing the order dated 11.04.2001 passed by respondent No.2 by which representation of the petitioner has been rejected. Petitioner has prayed for a writ of mandamus directing the respondents to reinstate the petitioner and a writ of mandamus directing the respondents to call the record. Briefly, stated the petitioner was engaged as daily wager Mali/Chaukidar with the respondent No.2 in Vimola Nursery in Kosi Range w.e.f. 04.09.1980 and he is working continuously with the respondents since last 20 years without any break with the satisfaction of the superiors. In the year 1996, some of the daily wagers working with the respondents filed a writ petition before Allahabad High Court namely Putti Lal Vs. State. Hon’ble Allahabad High Court has been pleased to grant the minimum of pay scale to those employees and the respondents were also directed to consider the case of those daily wagers employees for regularization. The matter was taken up in Special Appeal, the appeal was dismissed. A S.L.P. was also filed 2 and the same was dismissed .The petitioner has made requests to the respondents to treat him at par with other daily wagers employees and to grant him minimum of pay scale as his fellow daily wagers were getting but no heed was given to the request of the petitioner. Inspite of so many representations, when the respondents have not taken any steps in the light of the directions of the Hon’ble Allahabad High Court and the Apex Court. The petitioner has moved a Civil Misc. writ petition No. 19528/2000 Moti Singh Vs. State of U.P. in the Allahabad High Court and prayed for his regularization and minimum of pay scale till his case for regularization was considered by the respondents. Allahabad High Court was pleased to dispose of the said writ petition at the admission stage itself with the directions to the respondent No.2 to decide the fresh representation submitted by the petitioner with speaking order within a period of three months from the date of production of the certified copy of the order. Pursuant to the Hon’ble Court’s order dated 25.04.2000, the petitioner submitted a fresh representation on 19.05.2000 alongwith the certified copy of the said order under legitimate expectation of being considered for the regularization. The petitioner filed a contempt application in Uttaranchal High Court at Nainital. In the contempt petition the respondent No.2 the then Divisional Forest Officer Sri S.P. Subudhi has filed the reply on 17.4.2001 in which he stated that the Nursery has been closed down by the respondents and as such explicitly the petitioner’s services were terminated. By the length of service it is explicitly clear that the work is available with the department, as such in the service of the petitioner could not have been terminated by a stroke of pen. The petitioner has also referred Civil Misc. Writ Petition No.48322 of 2001 Sanjay Kumar Srivastava Vs. Principal, Chief Conservator of Forest, U.P., Lucknow, it has been held as under:- 3 “Claim for regularization – By daily wages employees of Forest department, working since more than fifteen years continuously, on Class III and Class IV groups – High Court after examining entire material, found that claim is justified – Selection Committee wrongly ignored fact that educational qualifications of these employees have to be overlooked or relaxed- As such, High Court directed for reconsideration of their claim for regularization, ignoring artificial breaks in service and minimum qualifications.” In view of the aforesaid facts and circumstances, a writ of certiorari is issued quashing the order dated 11.04.2001 passed by the respondent No. 2 and direct the respondents in the light of above mentioned Hon’ble High Court’s direction, to decide the representation a fresh with a speaking order within a period of 4 weeks from the date of production of certified copy of this order in accordance with law. Consequently, the writ petition is disposed of. No order as to costs. (Rajesh Tandon, J.) 09.03.2006 Jain