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2018 Supreme(SC) 1130

S.A.BOBDE, L.NAGESWARA RAO
Sabha Shanker Dube – Appellant
Versus
Divisional Forest Officer – Respondent


JUDGMENT

L. NAGESWARA RAO, J.

Leave granted

1. These Appeals are filed against the judgment of the High Court of Allahabad dated 24th September, 2015 in Special Appeal No.1198 of 2006 and others by which the judgment of the learned Single Judge denying relief to the Appellants was affirmed.

2. The Appellants are daily rated workers employed in Group ‘D’ posts in the Forest Department in the State of Uttar Pradesh. They filed Writ Petitions before the High Court of Allahabad seeking regularization of their services, the minimum of the pay scales available to their counterparts working on regular posts and treating them as being in continued service while condoning the breaks in their service. The Writ Petitions were dismissed by a learned Single Judge by a judgment dated 28th April, 2004. Regularization of daily wagers was directed to be considered in accordance with the relevant rules by condoning the breaks in service if it is less than 03 months. It was held that a direction for regularization cannot be issued. The learned Single Judge rejected the claim of the Appellants regarding the minimum of the pay scales by holding that such a direction cannot be granted under Article 226












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