- (1.) THIS writ petition has been preferred with the following prayers: (I) to issue writ, order or direction in the nature of certiorari quashing the impugned order of relieving the petitioners from service dated 24.10.2007, as contained in Annexure No. 1 to the writ petition to the extent it pertains to the petitioners. (II) to issue writ, order or direction in the nature of mandamus directing and commanding the opposite parties to treat the petitioners in continuous service and pay them salary regularly alongwith the arrears as if the impugned relieving order, Annexure No. 1 to the writ petition has never been passed and by quashing the other orders or direction if any passed against the petitioners by summoning the same from the opposite parties. (III) to issue writ, order or direction in the nature of mandamus directing and commanding the opposite parties to regularise the services of the petitioners on the post of Assistant Engineer since the date of their initial appointment/joining i.e. 18.02.1991 with all consequential benefits. (IV) to issue any other order or direction which this Hon'ble Court may deem just, fit and proper under the circumstances of the case. (V) to allow the cost of the writ petition.
(2.) SHRI V.K. Singh, learned Senior Counsel, appearing for respondents submitted that second and third prayers are already impugned in special leave petition filed by Corporation before the Supreme Court wherein the Court has passed an order of stay against the judgment passed by a coordinate Bench on 28.05.2004 in Writ Petition No. 161 (SB) of 1994. As regards the first prayer, vide office order dated 24.10.2007 Annexure No. 1 to the writ petition it appears that the project has been sponsored by World Bank and is managed by the respondent Corporation. The petitioners have worked in such projects and thus, they were given offer also for working in the third project, which they declined. Even during the course of hearing today the officers of the Corporation were called and they were ready to give them offer to work in third project on the equivalent post on which they were working in two earlier projects. However, the petitioners declined to sign the agreement and join the post. Besides, the petitioners were working in a project which came to an end on 30.09.2007. Their services could not have been regularised by the Corporation, therefore, the prayer to issue a writ, order or direction in the nature of certiorari quashing the order of relieving them from service with the termination of the project on 24.07.2010 may not survive and further the rest of the prayers are subject matter of special leave petition pending before Supreme Court. Thus, nothing would survive in this writ petition. It is, accordingly, dismissed.;