Sudhir Agarwal, J. - (1.) Two petitioners namely, Bhagwan Din and Dharm Raj Singh, have filed this writ petition under Article 226 of Constitution of India challenging recruitment sought to be made by respondents on the posts of Driver. They have also sought a mandamus commanding respondents to consider petitioners for regularization on the posts of Driver.
(2.) During pendency of this writ petition, petitioners have got writ petition amended by inserting two more prayers and, therefore, all prayers made by petitioners in the writ petition are reproduced as under: "(i) a writ, order or direction in the nature of certiorari calling for the record and quash the impugned advertisement dated 6.6.2003 published by the District Magistrate, Kaushambi as contained in Annexure-10 to the writ petition as it relates to the recruitment of two posts of drivers in the officer of the District Magistrate, Kaushambi of which one post is reserved for Scheduled Casts/Scheduled Tribes and the other post is reserved for OBC category. (i-A) a suitable writ, order or direction in the nature of certiorari quashing the advertisement dated 19.07.2007 issued by District Magistrate, Kaushambi (Annexure-1 to supplementary affidavit to be treated as Annexure-11 to the main writ petition). (ii) a writ, order or direction in the nature of mandamus commanding the respondent authorities to regularise the services of the petitioners as drivers attached with two ambassador cars being registration No. UP70-L 4444 and UP70-L 3333 in the official use of the District Magistrate, Kaushambi in terms of the Rule 4 of the Uttar Pradesh Regularisation of Daily Wags Appointment on Group D Posts Rules, 2001 with effect from 21.12.2001 and to give all consequential benefits and pay other allowances to the petitioners admissible under the relevant service rules. (ii-A) since both the petitioners were working as driver of two Ambassador Car sanctioned as per G.O. dated 11.6.1997 ever since creation of new District Kaushambi continuously till date the said two post of Drivers are still vacant and not filled, as such without prejudice to other grounds in writ petition the petitioners are entitled for declaration that they be treated as regularized as drivers, w.e.f. 11.6.1997 with pay scale of post of driver and all benefit and increments in terms of U.P. Daily Wages Regularization Rules, 2001 w.e.f. 21.12.2001 and to pay all arrears of pay increments allowance and benefits till date and in future too. (iii) a writ, order or direction in the nature of mandamus/ declaration declaring the cut-off date 29.6.1991 as arbitrary, unconstitutional and illegal inasmuch as two ambassador cars which both the petitioners are driving and which posts of driver was sanctioned by the government order dated 11.6.1997 and as such the cut-off date "instead of 29.6.1991" be read as "on or after 11.6.1997" in the Daily Wages Rules of 2001. (iv) a writ, order or direction in the nature of mandamus commanding the respondents restraining the respondents not to take any step in respect of the recruitment proceedings in terms of the impugned advertisement dated 6.6.2003 (Annexure-10 to the writ petition. "
(3.) Facts in brief giving rise to present writ petition are that District Kaushambi was newly created as a Revenue District vide Government Order dated 04.04.1997. For the New District, vide Government order dated 11.06.1997 posts of District Magistrate was created. The aforesaid Government Order also created attached posts with the Office of District Magistrate temporarily upto 28.02.1998. It included two posts of Drivers in the pay scale of Rs. 950-1500/-. It also permitted to purchase two Ambassador Cars besides other vehicles. Petitioner-1 was required to work as Driver with effect from 05.09.1997 on a fixed pay of Rs. 1200/- per month. Petitioner-2 was already working as Driver with Sub-Divisional Magistrate, Manjhanpur in District Allahabad with effect from 02.08.1995. After creation of new District he was attached and appointed to work as Driver to run second Ambassador Car purchased for District Kaushambi.;