- (1.)THE petitioner is common in both these petitions. He has been working as a casual/daily wage/seasonal employee on the post of Junior Clerk with respondent No. 2-Board, and has sought reliefs as stated under, in these two petitions: special Civil Application No. 5095/1986
(A) The Special Civil Application be admitted; (B) Be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any appropriate writ, direction or order, directing the respondents, its agents and servants to fill up the posts of Regular Clerks and be pleased to direct the respondents to appoint the petitioner and other persons whose names are mentioned as per Exh. 'a' as per seniority and be pleased to direct the respondents to maintain the seniority list; (C) Be pleased to issue a writ of mandamus or any appropriate writ, direction or order, directing the respondents to appoint the petitioner and other persons at Exh. `a' to appoint them on the seasonal clerks till they are appointed as regular clerks. (D) Pending the hearing and final disposal of this Special Civil Application by this Honourable Court, be pleased to grant interim injunction against the respondents from discontinuing the petitioner and other persons at Exh. A from working as Seasonal Clerks, who are still working at present as Seasonal Clerks; (E) Pending the hearing and final disposal of this Special Civil Application by this Honourable Court, be pleased to grant ad-interim mandatory injunction directing the respondents, its agents and servants to appoint the petitioner and other persons at Exh. A as seasonal clerks till their appointment as regular clerks; (F) Be pleased to pass such other and further order as it deems fit in the interest of justice.
Special Civil Application No. 6444/1991
(A) The Special Civil Application be admitted; (B) Be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any appropriate writ, direction or order, directing the respondent No. 2 -Board to regularise the services of the petitioner and other persons whose names are mentioned at Exh. 'a' and permanently absorb them on the post of Jr. Clerk on the basis of service rented (rendered) by them; (C) Be pleased to issue a writ of mandamus or any appropriate writ, direction or order, directing the respondents, their agents and servants to regularise the petitioner and other persons who are working on seasonal clerk since many years as per the proposal made by the respondent No. 2 to the respondent No. 1 dated 3/1/86 and as mentioned in a letter written by the respondent No. 2 to the respondent No. 1 dated 12/7/91; (D) Pending the hearing and final disposal of this Special Civil Application by this Honourable Court, be pleased to grant ad-interim injunction restraining the respondents, their agents and servants from terminating the services of the petitioner and the persons whose names are mentioned at Exh. A to the petition more particularly the persons at serial Nos. 1 to 12 who are working as Jr. Clerk at present on seasonal basis who are at serial No. 1 upto 82 in the seniority list prepared by the respondent No. 2; (E) Be pleased to pass such other and further order as it deems fit in the interest of justice. "

(2.)HEARD learned advocate Mr. Mehta on behalf of Mr. R. N. Shah, learned counsel for the petitioner, learned advocate Mr. A. D. Oza for respondent No. 2-Board, and Mr. K. D. Pandya, learned A. G. P. for respondent No. 2.
(3.)LEARNED advocate Mr. Oza has stated that the Board has prepared a Seniority-List of the employees working of the posts of Junior Clerk on seasonal/daily wage/casual basis as per the direction of this Court. He produces a copy of such list, which is taken on record.