- (1.) The writ petition filed is as vague as it can be and is liable to be dismissed on that short ground. It states that it is filed for the enforcement of the fundamental rights of about 700 safai workers working with the 1st respondent- municipal Corporation of Meerut. The petition does not give the names of the workers nor the details of their services although the prayer is for regularisation of their services on the ground that they have been working for several years on daily wages. The petition has, however, been pending since 1986 and this court has issued rule nisi. The matter has further been adjourned for hearing from time to time. Hence, we do not think it proper to dismiss the petition on the ground of vagueness.
(2.) In the affidavit in rejoinder filed as late as 20-8-1993 and pursuant to the direction of the court, a list of names of the alleged workmen and the dates from which they have allegedly been working has been furnished. Even this list shows that only 66 workmen have been working since 1979, whereas 18 workmen have been working 1980 and 35 workmen have been working from 1981. Thus the workmen working from 1979-80 and 1980-81 together are not more than 190 (sic 119) whereas the writ petition has made the claim in question on behalf of not less than 700 workmen on the ground that they have been working for "several" year. The petition was filed in 1986. Unfortunately, the counter-affidavit filed on behalf of the respondent-Municipal Corporation suffers from the same ambiguity as the petition. While the affidavit states that there were about 700 safai workmen working, it fails to give details of the service of the workmen. We are unable to understand how a responsible officer like the Health Officer who has filed the affidavit could file such vague affidavit when he knew the issues which were involved in the writ petition and the purpose for which the rule nisi was issued. There is no dispute that not more than 110 posts of safai workmen are sanctioned by the State government. It is also not disputed that without the approval of the State government, no post can be created by the Municipal Corporation. It further appears that on account of the notice issued on the application for stay, (it appears from the order that the application was made orally for the purpose) , no safai workman on daily wages has been removed from service during the pendency of the present petition.
(3.) It is difficult for this court to assess the exact requirement of the corporation for the safai workmen and also its financial capacity to bear the burden of the regular salaries.;