AWADHESH KUMAR SINGH v. STATE OF U.P. THRU PRIN.SECY.FOREST DEPTT.CIVIL SECTT. andORS.
WRIA/21658/2016 · 2025-10-31
Manish Mathur
body2025
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[ 2025 DAILYLAW 184490 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 184490 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 21658 of 2016 Court No. - 7 HON'BLE MANISH MATHUR, J.
1. Heard Mr. Mahendra Pratap Verma, learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties. 2. Petition has been filed seeking a direction to concerned authority for regularizing services of petitioner on a Class IV post in pursuance of various Government Orders and Rules pertaining to same. As an interim measure, minimum of pay-scale of Class IV post has been sought. 3. In the counter affidavit filed on behalf of opposite parties, it has been stated that petitioner was engaged in service from September, 1991 and therefore does not come within the cut off date of the Regularization Rules of 2001. It has also been submitted that even otherwise petitioner was not in continuous service in the Department due to which his earlier representation has already been rejected by means of order dated 06.04.2010, which has not been challenged by him. 4. Considering averments made in the counter affidavit, it is thus evident that petitioner was engaged in service as a daily wage employee in September, 1991 and therefore, even if he is not covered under the Regularization Rules of 2001, his case can be considered under the subsequent Regularization Rules. Versus Counsel for Petitioner(s) : Mahendra Pratap Verma Counsel for Respondent(s) : C.S.C. Awadhesh Kumar Singh .....Petitioner(s) State Of U.P. Thru Prin.Secy.Forest Deptt.Civil Sectt. Andors. .....Respondent(s)
5. In view of aforesaid, liberty is granted to petitioner to file a fresh representation before opposite party no.5 i.e. Divisional Forest Officer, Bahraich Van Prabhag, Bahraich who is required to consider and decide the aforesaid representation in the light of subsequent Regularization Rules applicable upon the Department including the Regularization Rules of 2016. The said authority shall pass appropriate orders with regard to same expeditiously within a period of six weeks from the date a receipt of certified copy of this Order. He shall also take into consideration the aspects of grant of minimum of pay-scale to petitioner in terms of judgment rendered by Hon'ble the Supreme Court in the case of Sabha Shankar Dube v. Divisional Forest Officer reported in AIR 2019 SC 220, within the same time frame in case petitioner is covered by the aforesaid Government Order. 6. With the aforesaid observation, petition stands disposed of.
October 31, 2025 Subodh/- WRIA No. 21658 of 2016 2 (Manish Mathur,J.) Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench