- (1.) The petitioners are 14 in number who claim to be working as Gardner (mali) at Government Garden, Gorakhpur on dailwage basis for several years. The averments in paragraph 4 of the petition details that the petitioners were engaged between 2000 to 2008.
(2.) The petitioners are muster roll employees, who earlier approached this Court in a petition being Writ Petition No. 36808 of 2008 (Narendra Singh and others vs. State of U.P. And others) which was disposed of on 26 March 2015 directing the third respondent - Deputy Director, Government Garden (Whee Park), Gorakhpur to decide their representation. Pursuant thereof, the second respondent by the impugned order dated 18 May 2015 rejected the representations holding that the petitioners are working on dailywage basis and are being paid minimum wages as notified by the State; uninterrupted work is being taken from the petitioners without break in service, and regarding regularization of their service, it has been noted in the impugned order that the petitioners do not fulfill the conditions for regularization under the U.P. Regularization of Daily Wages Appointment on Group 'D' Posts Rules 2001 as they do not fall within the cut of date prescribed therein.
(3.) The petitioners are assailing the impugned order dated 18 May 2015, further, seeking payment of salary on the minimum of the pay-scale of a regular Class-IV employee and a direction for regularization on Group-D posts.;