- (1.) Special Appeals under Chapter VIII Rule 5 of the Rules of the Court are preferred against the judgment and order dated 18.4.2011, passed by Hon'ble Single Judge of this Court in Writ Petition No.2630(S/S) of 2009 preferred by U.P. State Warehousing Corporation (In short, Corporation) whereby Hon'ble Single Judge has held that the matter could not have been referred by the Corporation to the State Government for approval of the decision taken by the Board of Directors with regard to regularisation of employees. Since in all these special appeal, common question of facts and law is involved, they are taken together and are being decided by the present judgment. Factual matrix of the controversy is discussed hereinafter :
(2.) The respondent petitioners are the employees of the Corporation working in different districts of the State of U.P. on the posts like Technical Assistant, Accountant, Group 'C' and Group 'D' posts. Through the impugned advertisement assailed before Hon'ble Single Judge, the Corporation took a decision to fill up the vacancies of these categories in view of fact that the State Government disapproved the Board's decision to regularise the services.
(3.) According to the learned Senior counsel Mr. J.N. Mathur, appearing for the appellants, there are 784 sanctioned posts, out of which 27 posts are of Auditors, 1981 posts of Class-III category and 540 posts belong to Class IV category. 332 vacancies have already been filled up leaving 452 vacant posts. The total 1941 daily wagers are working in the corporation whose future is secured by the impugned judgment of Hon'ble Single Judge.;