Tarun Agarwala, J. - (1.) Twenty three Class-III daily wage employees working @ Rs. 47.50 per day since 1999 in the office of the Advocate General at Allahabad have collectively challenged the action of the Advocate General of the State of U.P. in dispensing their services by an order dated 23.2.2005 on the ground that there are no funds available in the office of the Advocate General and Government Advocate to pay the wages to the daily wagers and that the State Government had sanctioned 60 Class-III posts on contract basis which has been filled up after a selection process.
(2.) Before dealing with the validity and justification of the impugned order, it would be necessary to look into the background which led to the initial appointment of the petitioners on daily wages on a Class-III post and the creation of 60 posts on contract basis. The facts, as culled out from the averments made in the writ petition, counter affidavit, rejoinder affidavit and supplementary affidavit is, that a note was submitted by the then Chief Standing Counsel on 16.1.1999 pointing out that in view of the work load, some more posts were required to be sanctioned from the State Government and in anticipation of such sanction, 16 persons may be employed on daily wage basis. On the basis of this note, the then Advocate General passed an order dated 16.1.1999 appointing 16 persons on daily wages which included eight petitioners.
(3.) On 5.6.1999, the Office Superintendent again submitted a note that due to the increase in the workload, some more persons may be engaged on daily basis. This note was forwarded by the then Chief Standing Counsel and, on this basis, the then Advocate General appointed fourteen persons on daily wages. In this way all the twenty three petitioners were appointed on daily wages in 1999 and, since then, they are working continuously without any break in service as Class-III employees.;