HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 53371 of 2010 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, Versus Counsel for Petitioner(s) : Pankaj Srivastava Counsel for Respondent(s) : C.S.C. Viresh Chandra Sharma .....Petitioner(s) State of U.P. and Others .....Respondent(s) 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. WRIA No. 53371 of 2010 2 (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. WRIA No. 53371 of 2010 3 Digitally signed by :- NASEEM UDDIN High Court of Judicature at Allahabad