S.H.A. Raza, J. - (1.) The petitioners, daily rated workmen on Muster Roll working in the Public Works Department have invoked the jurisdiction of this Court under Article 226 of the Constitution of India, praying for issuance of a writ in the nature of mandamus, commanding the opposite parties to take work from the petitioners in the permanent gang as before and further to direct the opposite parties to pay the salary and Bonus alongwith the arrears of the same which is being paid to regular employees in the establishment of tin- opposite parties. It was further prayed that a writ in the nature of mandamus be issued, commanding the opposite parties to regularise there services in accordance with the order, contained in Annexure-23.
(2.) These workers have been engaged on Muster Roll in the year 1976 and in between 1977 and 1980. After reorganisation of these permanent Gangs have been approved by the Engineer-in-Chief, P.W D., it was mentioned in the letter issued by the then Works Superintendent D.C.U. II (Now known as D.C.U 1) vide letter No. 847/A-5, dated 16-9-1985 that all the daily rated employees detailed in that letter (in which all the petitionerss names are included) have been continuously working for more than three years and therefore complete list be prepared and names be sent for monthly payment. It was mentioned in the letter that the petitioner has been working in the permanent Gangs and the work was being taken from them in pursuance of that letter even up till then but without regularising them, their services have been terminated.
(3.) A perusal of the letter dated 16-9-1985 mentioned above, indicates that the names of the Junior Engineer, Mate, the name of the road where the work was carried out, the strength of the workers regularised or unregularised daily rated workers etc. have been mentioned. In the said letter it was also mentioned that a report has been submitted for the daily rated employees, who have worked for more than three years, hence their entire case be sent for regularisation.;