- (1.) HEARD Sri Rastrapati Khare, learned counsel for the petitioner and Sri Vivek Verma, learned standing counsel for the Nagar Nigam, Kanpur Nagar.
(2.) BY means of the present writ petition, the petitioner had sought direction in the nature of mandamus commanding the respondents to pay salary to the petitioners in a regular pay scale Rs.3050/ - 3250/ -, as is being paid to the other drivers and also a writ of mandamus commanding the respondents to regularize the petitioners no. 1 to 3 on the post of driver and petitioner no. 4 on the post of hydraulic mechanic. The petitioners no. 1 to 3 were appointed as drivers and petitioner no. 4 as hydraulic mechanic in Nagar Nigam, Kanpur Nagar on daily wages on 11.04.1999. They are still working as daily wagers. Petitioners staked a claim for their regularization of services on the ground that as they had rendered services for a considerable period since 1994, therefore, in view of the government orders, their services were liable to be regularized. It is further contended that there are available permanent vacancies of driver and hydraulic mechanic but the respondents are not offering the said posts to the petitioners and on the contrary have made illegal appointments of 12 drivers.
(3.) THE counter affidavit is to the effect that there are no clear vacancies of drivers and hydraulic mechanics and that the State Government has already freezed the vacancies. It is further alleged that the appointments of 12 persons/drivers, as alleged in the writ petition, was made under a scheme called Institutional Community Development Project (Indo -Dutch) and that the engagement of the said 12 persons/drivers, is also co -terminus with the life of the scheme and that the said 12 drivers were not appointed against any permanent / substantive vacancies. These averments have not been denied in the rejoinder affidavit. It is urged by Sri Rastrapati Khare, learned counsel for the petitioner, that in view of the government orders, issued by the State Government, the services of the petitioner, who have completed more than 3 years of service or have rendered 240 days of service in a calender year, were liable to be regularized.;