The statutory rules framed by the State of Uttar Pradesh would govern the case of all daily-wagers, and no further scheme by the State was necessary. The court also established that daily-wagers should be paid at the minimum of the pay scale available to regular workers in the Government until their regularisation.

ORDER

1. IA for discharge of advocate is allowed.

2. These appeals and the special leave petitions are directed against one and the same judgment of the Division Bench of the Allahabad High Court. The High Court disposed of a batch of appeals by a common judgment. The respondents were daily-rated wage earners in the Forest Department having I already served the Department for several years. They approached the High Court for regularisation of their services. The Division Bench of the High Court by judgment dated 10-12-1997 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 Rememberancers or I 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 issuing notice by order dated 13-5-1998, directed maintenance of status quo so far as the payments are concerned. Subsequently, on hearing parties after notice, by order dated 3-8-1998 leave was granted and the operation of the impugned judgment was stayed during the pendency of the appeal.

3. On behalf of the employees an IA had been filed claiming that they should at least be allowed their regular wages during the pendency of the appeals, but by order dated 27-9-1999 that prayer was rejected and it was held that the persons working will be paid only the amount payable to a daily-wager. When these matters had been posted for hearing before the Court on 1-5-2001, after hearing the parties for a considerable length of time, the Court felt that the impugned direction of the High Court for providing a scheme for regularisation of all the daily-wage workers/muster-roll employees under the Forest Department who have rendered 10 years of service or more, should be regularised by making appropriate scheme. The Court directed that the scheme should be framed within three months from the date of the order. As the State of U.P. was bifurcated into two States and the State of Uttaranchal had come into existence, by a subsequent order the State of Uttaranchal was also impleaded as a party and it had been granted time to file its response. Pursuant to the aforesaid direction of the Court dated 1-5-2001 the State of U.P. has framed a set of rules in exercise of power conferred under the proviso to Article 309 of the Constitution called "the Uttar Pradesh Regularisation of Daily Wagers (Appointment on Group 'D' Posts) Rules, 2001". It appears that a similar rule has been framed for regularisation of Group 'C' daily-wage 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 the Allahabad High Court. Since a statutory rule has been framed indicating the manner in which the dailywagers can be regularised, question of framing any further scheme by the State of Uttar Pradesh does not arise.

4. Mr Bahuguna, learned Senior Counsel appearing for the employees, made a grievance with regard to some of the provisions of the aforesaid Rules but we are not inclined to entertain that grievance and issue any direction in this case inasmuch as grievance, if any, emanating from the aforesaid statutory rules would be on a fresh cause of action which could be assailed before an appropriate forum by the aggrieved party. Mr Bahuguna, however, contended,that so far as the entitlement of these daily-wagers until they are regularised in accordance with the statutory rule to get minimum of the pay scale is concerned, should be granted by this Court which is not being given because of