Allahabad High Court
NARESHversusDIVISIONAL FOREST OFFICER NAJIBABABD AND ANOTHER
- Decided
- Bench
- ANISH KUMAR GUPTA
Holding
The petitioner is not eligible for regularisation under the 2001 Rules and the petition is dismissed.
Summary
The petitioner, Naresh, filed a writ petition seeking regularisation as a Chaukidar and the grant of a minimum pay scale, claiming continuous daily‑wage service from 1998 to the filing date in May 2010. The State, through a counter‑affidavit, contended that the petitioner had only worked intermittently from October 2000 to June 2009 and that the applicable regulation was the Uttar Pradesh Regularisation of Daily Wager, Appointment on Group‑D Posts Rules, 2001, which required continuous service from June 1991 to September 2001 for eligibility. The Court accepted the State’s version as true, finding that the petitioner did not satisfy the continuity requirement and had not worked since June 2009. Consequently, the petition for regularisation and the request for a minimum pay scale were held to be misconceived. The petition was dismissed and any interim relief vacated.
Issues considered
- Whether the petitioner is eligible for regularisation under the Uttar Pradesh Regularisation of Daily Wager, Appointment on Group‑D Posts Rules, 2001
- Whether the petitioner is entitled to a minimum pay scale in the absence of regularisation
Legislation cited
- Uttar Pradesh Regularisation of Daily Wager, Appointment on Group-D Posts Rules, 2001
Subjects
- regularisation
- daily wage employee
- minimum pay scale
- service continuity
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 30569 of 2010
Naresh
.....Petitioner(s)
Versus
Divisional Forest Officer Najibababd And Another
.....Respondent(s)
Counsel for Petitioner(s) : Manu Saxena
Counsel for Respondent(s) : C.S.C.
Court No. - 34
(Sl. No. 249.2)
HON'BLE ANISH KUMAR GUPTA, J.
1. None appears for the petitioner. Sri Pradeept Kumar Shahi, learned
Addl. Chief Standing Counsel for the State is present.
2. Instant petition has been filed seeking regularization of the
petitioner on the post of Chaukidar and also a direction for grant of
minimum pay scale to the petitioner. In the instant petition, petitioner
has claimed that he is continuously working since 1998 on daily wage
basis on the post of Plantation Chaukidar and has further made a
statement that he was working on the date of filing of the instant
petition as well i.e. 19.5.2010.
3. Counter affidavit was filed on behalf of the State-respondent wherein
it has been categorically stated that the petitioner was working from
October, 2000 till June, 2009 with some gaps in service and so far as
regularization of the petitioner is concerned, at the relevant time, when
the petition was filed, only 'Uttar Pradesh Regularisation of Daily
Wager, Appointment on Group-D Posts Rules, 2001' (hereinafter
referred to as 2001 Rules) were effective. Under the aforesaid Rules, a
person to be eligible for regularization was required to be working
since June, 1991 till September, 2001 continuously.
4. In such view of the matter, petitioner was not entitled for
regularization, as claimed by the petitioner, in terms of 2001 Rules
and since after June, 2009 petitioner has not worked. No rejoinder
affidavit has been filed by the petitioner to the aforesaid counter affidavit.
WRIA No. 30569 of 2010
2
5. In such view of the matter, the averments made in the counter affidavit
that the petitioner was working since October, 2000 till June, 2009 is
taken to be true and consequently, petitioner was not entitled for
regularization under the 2001 Rules. Consequently, the prayer for
regularization of the petitioner is misconceived and since petitioner was
not working since June, 2009, there is no question of grant of minimum
pay scale to the petitioner, as prayed in the instant petition.
6. Accordingly, the instant petition failed and is accordingly dismissed.
7. Interim order, if any, stands vacated.
8. Let this case be de-linked from bunch matters and shall not be shown
in the cause list.
(Anish Kumar Gupta,J.)
May 12, 2026
n.u.
Digitally signed by :-
NASEEM UDDIN
High Court of Judicature at Allahabad
Checking your session…