M.L.Bhat - (1.) THESE six writ petitions are identical in nature. There is a common question of law and facts, therefore, they were heard together and are being decided by a common judgment.
(2.) THE petitioners' case is that they were working as clerks for writing certificaes of successful candidates who had passed High School and Intermediate Examinations. THEir appointment was in pursuance of an advertisment notice A written test was held THEreafter the petitioners were interviewed and the petitioners came to be appointed as Certificate Writers. In wit petition No 10718 of 1988 the petitioners state that they were appointed as certificate writers in February, 1986 on wards. They were doing the job of clerk in pay scale of Rs. 354-550 but they ware not given the pay scale. They were first paid Rs 12/- for writing 100 certificate and Rs. 4/- for checking the same. Subsequently the rate was enhanced to Rs. 20/- for writing 100 certificates and Rs. 6/- for checking the same. They would attend the office from 10 A.M. to 5 P.M. and would sign toe attendance register kept by the respondent for marking their attendance. The petitioners were unemploved before joining the service They accepted the service by being exploited by the respondent. The petitioners were not only writing the certificates but they were a;so asked to write counter-foils of the certificates. In this way they would write 200 certificates 100 for the purpose of issuing to various candidates and 100 as counter-foils in lieu of Rs 12/- and Rs 4/- as checking charge and subrequently in lieu of Rs. 20/- and Rs 6/- as checking charges. The petitioners are said to have made an application to the respondeat that they were discharging the work of regular employees, therefore, they should be paid as regular employees and be absorbed as such for which posts were available with the respondent. On account of being jobless they had accepted to work on a meagre monthly amount of Rs. 200/- to Rs. 300/- which they earned by writing certificates otherwise they were entitled to be paid the pay scales which are drawn by the regular employees of the Board. It is submitted that some employees who were certificate writers were absorbed against permanent posts and were paid pay scales which are drawn by the regular employees. The petitioners' case is that they are working as casual labourers and have put in the requisite working days, therefore, 32-Rep.-1991 they are entitled to be brought on the regular establishment of the respondent and paid accordingly. All the petitioners are highly educated and their educational qualifications are also given in the body of the writ petition The petitioners' services were terminated which would amount to retrenchment. This was done without following the procedure provided under law. On the basis of the aforesaid grounds the petitioners submit that they may be reinstated as Lower Division Clerks or in the alternative the respondents by directed to absorb the petitioners as Lower Division Clerk and place them in the office It is prayed that the petitioners be given the pay as also the difference In the pay.
(3.) THE case set out in writ petition No. 11144 of 1988 is the similar which is mentioned in writ petition No 10718 of 1988 In writ petition No. 20882 of 1988 the petitioner also claims the same relief which is claimed in writ petition No. 10718 of 1988 and the facts stated in the writ petition are similar with those of the writ petition No. 10718 of 1988.;