Hon’ble Sudhir Agarwal, J.—Pursuant to order of date passed on Restoration Application, the writ petition is restored to its original number.

2. As requested and agreed by learned counsel for parties, I proceed to hear and decide this case finally at this stage.

3. By means of this writ petition, petitioners have sought following reliefs:

“i- issue a writ, order or direction in the nature of mandamus commanding the respondents to pay salary to the petitioner in the revised regular pay-scale throughout the whole year till their regularization in the department.

ii- issue a writ, order or direction in the nature of mandamus commanding the respondents to direct the respondents to consider the grievance of the petitioner for regularization in terms and directions as contained in the judgment and order dated 21.3.2002 passed by this Hon’ble Court.”

4. Learned counsel for petitioners contended that they are working as “Seasonal Export Moharrir” for the last more than two decades and therefore in the light of judgment of Supreme Court in Bhagwati Prasad v. Delhi State Mineral Development Corporation, 1990 (60) FLR 157, should be regularized on the post of Export Moharrir which now has merged with the Cadre of “Forester”. It is further prayed that they should be paid salary in regular pay-scale applicable to regularly appointed persons. Reliance is also placed on a judgement dated 21.3.2002 passed by a learned Single Judge in Writ Petition No. 7913 of 1990 (Vikram Bahadur Singh and others v. State of U.P. and others) wherein a direction was issued to respondents to consider petitioners for absorption on the post of “Export Moharrir” in the pay-scale of Rs. 950-1500/- and pay salary in regular pay-scale of 950-1500/- for the whole year without reducing the same, from the month of July to October, which was followed by another Single Judge in Writ Petition No. 1727 (SS) of 2004 (Vishram and others v. State of U.P. and others) decided on 5.4.2004. Similar order was passed by another Single Judge in Writ Petition No. 3667 (SS) of 2002 (Ram Bujhawan v. State of U.P. and others) decided on 2.1.2003. The detailed judgment dated 21.3.2002 which has been followed subsequently, had relied on judgments in Dharwad District P.W.D. Literate Daily Wage Employees Association and others v. State of Karnataka and others, 1990 (2) SCC 396, State of Haryana and others v. Piara Singh, (1992) 4 SCC 118, Prakash Narayan Sirothiya v. State of U.P. and others, 1994 (3) UPLBEC 1737 and Mool Raj Upadhyaya v. State of Himanchal Pradesh, JT 1994 (3) SC 453.

5. Learned Standing Counsel on the contrary submitted that none of the judgment are valid in law in view of Constitution Bench judgment in Secretary, State of Karnataka v. Uma Devi, 2006 (4) SCC 1, wherein all earlier judgements taking a different view have been overruled and therefore matter now has to be decided in the light of law laid down by Constitution Bench in Secretary, State of Karnataka v. Uma Devi (supra).

6. Brief facts, as pleaded by petitioners, are, that they were engaged as “Seasonal Export Moharrir” (Seasonal Nikasi Munshi) by order dated 3.3.1987 issued by Divisional Forest Officer, South, Gorakhpur Forest Division, Gorakhpur. The appointment was made after written test held on 6.1.1987 and interview on 1.2.1987. Appointment letter filed as Annexure-1 to the writ petition shows that appointment was purely temporary and liable to be terminated at any point of time. Appointment was made in the scale of Rs. 345-510/-. The appointments being seasonal, petitioners used to work from October to June every year. From July to September, they were not treated in employment and used to be engaged on daily wage basis and paid wages accordingly. It is also said that post of “Moharrir/Nikasi Moharrir” and “Jamadar” were merged in the cadre of “Foresters” in Subordinate Forest (Rangers, Deputy Rangers and Foresters) Service Rules, 1951 (hereinafter referred to as “Rules, 1951”) by Notification date