- (1.) Though the application for recall of this Court's order dated 28.11.2005 moved by the respondents was placed today for orders but during the course of submission, Sri Mahendra Pratap, learned counsel for the respondent-applicant and Sri Yadav, learned Standing Counsel submitted that the appeal itself may be heard on merit. The recall application is allowed. The order dated 28.11.2005 is recalled and the special appeal is taken up for final hearing and disposal.
(2.) We have accordingly heard learned Standing Counsel appearing for the appellant and Sri Mahendra Pratap, learned counsel appearing for the respondents.
(3.) The petitioner-respondents claiming themselves to be working as daily wager in the Irrigation Department had filed the writ petition for the following reliefs: "(i) issue a writ, order or direction in the nature of Certiorari quashing the impugned orders dated 1.7.2000 and 29.4.1999/28.2.1999 (Annexures 18 and 19); (ii) issue a writ, order or direction in the nature of Mandamus directing and commanding the respondents to pay salary to the petitioners no. 2 to 15 on the post of Class-IV employee in the department; (iii) to summon the respondent no. 5 to 8 in person and punish them for committing the contempt of this Hon'ble Court; (iv) issue any other suitable order or direction which this Hon'ble Court may deem fit and proper in the present circumstances of the case; (v) to award the costs of the writ petition in favour of the petitioners." ;