- (1.) This intra court appeal arises out of the judgment and order dated 8.5.2014 passed in Civil Misc. Writ Petition No. 36398 of 2007 (Ram Nath Singh and another Vs. State of U.P. and others) whereby the learned Single Judge has dismissed the writ petition. We have heard learned counsel for the appellant and learned Standing Counsel representing the respondents and have perused the records.
(2.) The appellants are retired employees of Irrigation Department. The appellant no. 1 was retired in the year 2007 and appellant no. 2 was retired on 31.1.2009. Both of them have alleged that they have been denied the pensionary benefits as payable to a regular employee because their services were not regularised within time. The petitioners/appellants are claiming their regularisation since after expiry of 3 years from their initial appointments. The petitioners/appellants have further alleged that some employees of the department were benefited whereas they have been discriminated without any reason. The grievance of the petitioner is that despite the fact that a letter was issued by the Chief Engineer, Irrigation Department, U.P. to the effect that 'Work Charged" employees who have completed their continuous service as on 30.9.1998 shall be regularised as directed by the Apex Court in the case of State of Haryana Vs. Piara Singh, 1992 4 SCC 118 and Raj Narain Prasad Vs. State of U.P., 1998 8 SCC 473 decided on 18.1.1996 , nothing has been done by the respondents till date.
(3.) Aggrieved by the inaction of their employers, the appellants moved this Court by means of a writ petition praying for the following reliefs : "(i) to issue a writ, order or direction in the nature of mandamus commanding the respondents to regularise the services of the petitioners to their respective post in pursuance of the various Government Orders and Judgments of the Apex Court of India decided on 18.1.1996 (Raj Narain Prasad and others Versus State of U.P. and others). (ii)issue a writ, order or direction in the nature of mandamus directing the respondents to treat the petitioners as a regular employee and pay the salary to the petitioners w.e.f. immediately after three years of their initial appointment in the department till date. (iii)issue any other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case. (iv)to award the cost in favour of the petitioners.";