S.B. Sinha, J. - (1.) Leave granted.
(2.) Whether the respondents, who were engaged on daily wages, are entitled to claim minimum of the pay scale attached to the post in which they had been working with applicable allowances, is the question involved in this appeal, which arises out of a judgment and order dated 4th August, 2004 passed by the High Court of Madhya Pradesh, Indore Bench in Writ Petition No.6640/2003. The respondents were appointed on daily wages. The amount of daily wages at the rate of Rs.97.14p. was fixed by the Collector of District. They are not appointed upon compliance of the statutory rules. No advertisement was issued. Vacancies were also not notified to the Employment Exchange.
(3.) On the premise that they are entitled to regularisation of their services, they filed an original application before the Madhya Pradesh State Tribunal, inter alia, praying for the following reliefs : (A) Order be passed for payment of Pay Scale for Assistant Grade Post Regular (except increment in salary benefit) from the date of filing the case before this Honble Tribunal from the Respondents in view of the orders passed by Honble M.P. State Administrative Tribunal Bhopal dated 15.12.97 Annexure A-6. (B) That the respondents be directed that Respondent should take appropriate action for regularising the applicant as Assistant Grade III Post within the prescribed time period. In the said proceedings, the appellant inter alia, contended that the respondents having not been engaged on any vacant post, payment of salary on a regular scale of pay is impermissible in law. The posts of Assistant Grade III, it was pointed out, are filled up in terms of the procedures provided laid down in the Recruitment Rules known as Madhya Pradesh Public Health Engineering Department (Non-Gazetted) Service (Conditions of Service and Recruitment) Rules, 1976. All recruitments, therefore, were required to be made strictly in terms thereof. ;