VIRESH CHANDRA SHARMAversusSTATE OF U.P. AND OTHERS

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                         WRIT - A No. - 53371 of 2010

Viresh Chandra Sharma
                                                              .....Petitioner(s)
                                    Versus

State of U.P. and Others
                                                            .....Respondent(s)

Counsel for Petitioner(s)                      :   Pankaj Srivastava
Counsel for Respondent(s)                      :   C.S.C.

Court No. - 34
(Sl. No. 249.3)
                  HON'BLE ANISH KUMAR GUPTA, J.

1. Heard Sri Pankaj Srivastava, learned counsel for the petitioner and Sri
Pradeept Kumar Shahi, learned Addl. Chief Standing Counsel for the
State is present.

2. The instant petition has been filed by the petitioner for grant of
minimum pay scale as well as regularization to the petitioner. In the writ
petition, petitioner has claimed that the petitioner was working as Daily
Wager in the Forest Department since 1990 i.e. prior to cut off date
29.6.1991 and was still continuing in job at the time of filing of the instant
petition on 6.8.2010.

3. In the counter affidavit, respondents have denied the aforesaid
submission. Thereafter, in the rejoinder affidavit, petitioner has brought
on record the seniority list dated 24.2.2010, prepared by the Divisional
Director, Social Forestry Department, Moradabad in which the name of
the petitioner find place at Sl. No. 11. The aforesaid seniority list
categorically states that the persons, who were working prior to
29.6.1991 and were continuously working till 21.10.2001. Thus from the
aforesaid seniority list prepared by the Divisional Director, Social
Forestry Department, Moradabad, it is categorically admitted that the
petitioner was working prior to 29.6.1991 and was continuously working
till the preparation of the seniority list. Subsequent thereto, the case of the
petitioner is that after the issuance of notice in the instant petition, the
respondents have orally removed the petitioner from service. Therefore,
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he has moved an application for interim relief by making out the
categorical allegation that he was orally removed and prayed for interim
direction to allow the petitioner to continue in the job. The aforesaid
application is unrebutted. Thus the averments made in the said application
that the petitioner was orally removed subsequent to the issuance of
notice by this Court and the same has not been contradicted or rebutted by
the respondents. In such view of the matter, it would be presumed that the
petitioner was illegally removed without any rhyme and reason despite
the pendency of the instant writ petition.

4. From the aforesaid facts, it is crystal clear that the petitioner was
working prior to cut of date on 29.6.1991 till 21.12.2001 and has also
continued till filing of the instant writ petition.

5. In such view of the matter, the petitioner was eligible for
regularization in terms of the 'Uttar Pradesh Regularisation of Daily
Wager, Appointment on Group-D Posts Rules, 2001' (hereinafter
referred to as 2001 Rules) and once the petitioner was found eligible for
regularization then in terms of the direction of the Apex Court in
State of U.P. Vs.Putti Lal, (2006) 9 SCC 337, petitioner was also
entitled for minimum pay scale from the date he became eligible for
regularization.

6. In such view of the matter, the instant petition is allowed with the
following directions:-

(a) The petitioner, herein, shall report before the Divisional Director,
Social Forestry Department, Moradabad- Respondent No. 3 within two
weeks and shall be reinstated with continuity in service and shall perform
his duties as may be entrusted to him by the Respondent No. 3.

(b) The respondents are directed to pay the arrears of minimum pay
scale, if to the petitioner as per applicable rates time to time w.e.f.
21.2.2002 till date of the order within a period of eight weeks from the
date of production of certified copy of this order. The respondents shall
continue to pay the minimum pay scale, till the petitioner is regularized or
superannuated.
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                                    (c) The respondents are further directed to consider the claim of the
                                    petitioner for regularization as he has already been found eligible for
                                    regularization in terms of 2001 Rules within a period of three months
                                    from today.

                                    7. 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