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2002 (2) TMI 1357

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..... ey approached the High Court for regularization of their services. The Division Bench of the High Court by judgment dated 10th December, 1997 called upon the Government to frame a scheme as to how the services of these daily rated workers could be regularised. A committee was directed to be constituted consisting of Secretary (Finance), Secretary (Forest) and the Legal Remembrances or their nominees, which committee was called upon to frame the scheme for regularisation of the daily rated employees working in the Forest Department. The High Court also came to hold that these daily rated workers should be paid at the minimum of the pay-scale that is available for a regular worker in the corresponding post in the Government. This Court, after .....

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..... in exercise of power conferred under the proviso to Article 309 of the Constitution called The Uttar Pradesh Regularization of Daily Wages Appointment on Group 'D' Posts Rules, 2001 . It appears that a similar rule has been framed for regularisation of Group 'C' daily-wages employees. Both these Statutory Rules would govern the case of all daily-wagers appointed in any department including the Forest Department, which department was before us pursuant to the direction of the Division Bench of Allahabad High Court. Since a statutory rule has been framed indicating the manner in which the daily-wagers can be regularised, question of framing any further scheme by the State of Uttar Pradesh does not arise. 4. Mr. Bahuguna, .....

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..... re, direct that these daily-wagers would be entitled to draw at the minimum of the pay-scale being received by their counter-part in the Government and would not be entitled to any other allowances or increment so long as they continue as daily-wager. The question of their regular absorption will obviously be dealt with in accordance with the statutory rule already referred to. 6. So far as the State of Uttaranchal is concerned, a scheme for regularisation of daily workers has been produced before us which prima facie does not appear to be objectionable excepting the provision regarding qualification for regularisation. Be it stated that the qualification essential for being regularised would be the qualification as was relevant on the d .....

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