- (1.) RAKESH Tiwari, J. Heard Counsel for the parties and perused the record.
(2.) THE aforesaid writ petitions have been filed with a prayer to direct the respondents to regularize the services of the petitioners as Class-IV employees with effect from the date they were given permanent employment in muster roll and to provide them all other consequential benefits and privileges attached with a regular employee with effect from the said date. The petitioner Nos. 1 to 6 and 8 to 11 in Writ Petition No. 8320 of 2003, were appointed on permanent muster roll with effect from 1-11-1989 and the petitioner No. 7 was appointed on permanent muster roll with effect from 25-7-1990 and petitioner Nos. 12 to 18 were appointed as permanent muster roll with effect from 1-9-2001. The petitioners in Writ Petition No. 36911 of 2002 are working on Daily wages basis (T. M. R.) since 1988 and 1989 but they are not getting salary like minimum scale of pay. Petitioner Nos. 1 to 13 are working on the post of Mallah and petitioner No. 14 is working on the post of mate. It is alleged that since the petitioners are working in the P. W. D. department under the control and supervision of respondents since long, as such they are entitled for regularisation and minimum pay scale.
(3.) IT is submitted that in similar circumstances a Writ Petition No. 36094 of 1994, Dinesh Kumar and others v. Chief Engineer and others, was filed and same was dismissed by this Court on 5-8-1999. The validity of judgment dated 5-8-1999 was challenged by means of Special Appeal No. 922 of 1999, Bimal Chand Pandey and others v. Engineer in Chief and others, which was allowed vide judgment dated 15-9- 1999 (Annexure-15 to the writ petition ). The State Government challenged the validity of judgment dated 15-9-1999 passed in Special Appeal No. 922 of 1999 before Hon'ble Supreme Court by filing Special Leave to Appeal (Civil) No. 5224 of 2000. The petitioners are aggrieved by order dated 1-1-2000 by which appointment on work charge establishment has been stopped by the State Government as a matter of policy. The order dated 1-1- 2000 is reproduced below :;