- (1.) HEARD learned counsel for the appellants and Sri Jyotinjay Verma for the respondents no. 3 and 4.
(2.) THIS special appeal against the judgment and order passed by the learned Single Judge dated 30.9.2011 assails the action of the respondents in not making the payment of honorarium for the post of Cook, on which post the appellants have been appointed by the Selection Committee in exercise of power vested under the Government Order dated 24.4.2010. The learned Single Judge dismissed the writ petition, saying that no appointment letter has been brought on record and that it appears that the appellants have been engaged on daily wage basis, therefore, in view of the judgment of the apex court in the case of The Secretary, State of Karnatka and others v. Smt. Uma Devi and others, : 2006 (1) SCC 1, they do not have any right of regularisation. However, the learned Single Judge observed that honorarium may be paid for the work done, if there is no legal impediment.
(3.) LEARNED counsel for the appellants has drawn our attention to the letter written by the Block Education Officer, Bhiyaon, Ambedkar Nagar dated 5.8.2011 to the Head Master of the school, where the appellants have been appointed, saying that a complaint has been received on behalf of Smt. Shobha Devi, a Scheduled Caste candidate and since no Scheduled Caste candidate has been appointed, therefore, proposal for appointment be sent. It is further submitted that on objection being received, the honorarium has not been paid. The fact remains that the appellants have been engaged for a period of one year and that period has not yet expired and they are still working.;