Uttarakhand High Court
Dayal Singh vs State Of Uttarakhand And Others on 2 September, 2015
Author: Servesh Kumar Gupta
Bench: Servesh Kumar Gupta
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (S/S) No.1826 of 2015
Dayal Singh ... Petitioner
Versus
State of Uttarakhand & Others ... Respondents
With
Writ Petition (S/S) No.1827 of 2015
Heera Singh ... Petitioner
Versus
State of Uttarakhand & Others ... Respondents
Writ Petition (S/S) No.1828 of 2015
Rinesh Lal ... Petitioner
Versus
State of Uttarakhand & Others ... Respondents
Writ Petition (S/S) No.1829 of 2015
Ram Pal ... Petitioner
Versus
State of Uttarakhand & Others ... Respondents
Writ Petition (S/S) No.1830 of 2015
Amin Singh ... Petitioner
Versus
State of Uttarakhand & Others ... Respondents
Writ Petition (S/S) No.1832 of 2015
Rohitash Singh ... Petitioner
Versus
State of Uttarakhand & Others ... Respondents
Writ Petition (S/S) No.1833 of 2015
Utam Singh and Others ... Petitioners
Versus
State of Uttarakhand & Others ... Respondents
2
Mr. D.K. Bisht and Mr. H.C. Joshi, Advocates for the petitioners.
Mr. Vikas Pandey, Brief Holder for the State/respondents.
2nd September, 2015
Hon'ble Servesh Kumar Gupta, J.
All these above titled petitions are being taken up together as the controversy is identical.
Petitioners are claiming themselves as the Seasonal Workers defined under Section 3(1) of the Uttarakhand (U.P. Lower Subordinate Forest Services) Rules, 1980 (Adaptation and Modification Order, 2002) (Amendment) Rules 2007. They have submitted that they are working periodically to the Forest Department and this period of working is different with little variation regarding each and every petitioner.
Now, the Forest Department has advertised the posts for the Forest Guard but the Department has not accepted the application forms of the petitioners enabling them to appear in the examination.
In this regard, it is hereby ordered that if the petitioners are covered within the definition of Seasonal Worker under the relevant Rules, as indicated above, then the respondents shall permit the petitioners to appear in the examination subject to fulfillment of other eligibility criteria, like academic qualification, age and physical fitness.
It is hereby made clear that the Rules recognized any worker as the Seasonal provided that he has rendered his services for three seasons in different years and one season comprises eight months regular work. So, in order to determine their status as Seasonal Worker, the total period of working, as indicated above, shall be taken into consideration.
In the above terms, these writ petitions are finally disposed of.
(Servesh Kumar Gupta, J.)
Nadim 02.09.2015