2010 (10) TMI 1253 - HC - Indian Laws

Summary

Issues Involved:
The judgment involves the challenge of an order rejecting the representation for one-time regularization of daily wagers in the Forest Department. The issues include non-application of mind in the order, violation of natural justice principles, bias of the deciding authority, and constitutional violations.

Issue 1: Representation for Regularization
The petitions filed by the Unions on behalf of daily wagers sought to quash the order rejecting their representation for regularization. The Court directed the State Government to formulate a scheme for granting permanent or quasi-permanent status to the daily wagers based on their length of service.

Issue 2: Grounds for Challenging the Order
The impugned order was challenged on various grounds, including total non-application of mind, violation of natural justice principles, bias of the deciding authority, pre-determined decision, mockery of court directions, and alleged violations of constitutional provisions.

Issue 3: Decision on Representation
The Court found that the deciding authority should not have passed the same order as previously quashed. It highlighted the nature of work performed by the daily wagers and compared it to other departments where daily wagers were made permanent. The Court emphasized the need for a scheme for Forest Department daily wagers similar to other departments.

Issue 4: Directions for Consideration
In the interest of justice, the Court quashed the impugned order and directed the authority to reconsider the regularization of the daily wagers. The authority was instructed to evaluate each case individually, consider framing a scheme for quasi-permanent status, and provide detailed reasons if benefits cannot be granted.

Conclusion:
The Court allowed the petitions, set aside the impugned order, and directed the State Government to reevaluate the regularization of daily wagers within two months. The judgment emphasized the need for fairness and consideration of the daily wagers' long service in determining their status.