Order on delay condonation application:-
(C.M. Application No.70638 of 2020) This is an application for condonation of delay in filing the application for recalling order dated 18.08.2017. The application is supported with an affidavit. There is no objection on behalf of opposite parties.
The ground taken in the affidavit is sufficient.
Accordingly, the application is allowed. The delay in filing the recall application is condoned.
Order on recall/restoration application:-
(C.M. Application No.70641 of 2020) This is an application for recall of order dated 18.08.2017 as well as for restoration of the petition supported with an affidavit.
The ground taken in the affidavit is sufficient.
Accordingly, application is allowed. Order dated 18.08.2017 is recalled.
The petition is restored to its original number.
Order on petition:-
Heard learned counsel for petitioner and learned Standing Counsel for the State.
Learned counsel for petitioner states that he has filed his power on behalf of petitioner no.1, 7, 8, 9 and 11 as, petitioner no.2, 3, 5, 6 and 12 were already regularized and petitioner no.4 and 10 have already expired and now he is appearing only for remaining petitioners whose services are yet to be considered for regularization.
Learned counsel for petitioner submits that case of petitioner is squarely covered by the judgment dated 21.03.2002 passed in Writ Petition No.7913 (S/S) of 1990; 'Vikram Bahadur Singh and Others Vs. State of U.P. and Others.' Learned Standing submits that though the matter is covered by the aforesaid judgment, however, there is a direction to absorb petitioners on the post of Export Muharrir available with the department.
Learned counsel for petitioner states that by regularization order dated 08.02.2020 similarly situated person were regularized on the post of forester.
Looking into the aforesaid facts and circumstances of the case, present writ petition is allowed. Respondents are directed to consider the case of petitioners in light of judgment dated 21.03.2002 passed in Writ Petition No.7913 (S/S) of 1990; 'Vikram Bahadur Singh and Others Vs. State of U.P. and Others' and while giving the benefit of the said judgment, they shall also take into consideration their regularization order dated 08.02.2020 of persons similarly situated as petitioners.
For the aforesaid purposes, petitioners are permitted to make a fresh detailed representation to respondent no.3 Conservator of Forest, Avadh Circle, Lucknow, raising all their grievance, annexing therewith copy of judgment and order dated 21.03.2002 passed in Writ Petition No.7913 (S/S) of 1990; 'Vikram Bahadur Singh and Others Vs. State of U.P. and Others' as well as regularization order dated 08.02.2020 and any other documents in support of their claim and a certified copy of this order within a period of two weeks from today.
In case any such representation is moved by petitioners, respondent no.3 shall consider and decide the same finally, in accordance with law, by a reasoned and speaking order, within a period of four weeks from the date a certified copy of this order is placed before him.
With the aforesaid, writ petition stands allowed finally.
Order Date :- 22.1.2021 Arti/-
(Vivek Chaudhary,J.)