Hon’ble Sudhir Agarwal, J.—Heard Sri Vinod Kumar Dwivedi for the petitioner, learned Standing Counsel for the respondents and perused the record.

2. The petitioner has sought a writ of mandamus commanding the respondents to regularize him on the post of Chowkidar in the department and pay minimum pay scale along with other allowances which are being paid to the regularly appointed Chowkidars of the department until regularization of the petitioner is made.

3. The facts in brief as stated in the writ petition are that the petitioner was engaged as a daily wage Chowkidar on 1.9.1985 and is continuously discharging his duties since then. He was appointed in work-charge establishment as Chowkidar on the basis of monthly salary vide order dated 10.9.2001 w.e.f. 24.8.2001 and is discharging his duties accordingly. In exercise of power under proviso to Article 309 of the Constitution, the State Government has framed U.P. Regularization of Daily Wages Appointments on Group ‘D’ Posts Rules, 2001 (hereinafter referred to as “2001 Rules”) published in the Gazette dated 21st December, 2001 which provides for regularization of such daily wage employees in Group ‘D’ posts who were appointe