- (1.) HEARD Sri Pankaj Miglani, Advocate for the petitioners and Standing Counsel for the respondents no. 1 to 3.
(2.) BY the present writ petition, the pe titioner has prayed for a writ of mandamus directing the respondents to regularize the services of the petitioners as Class-IV em ployees in Kanhaiya Lal Polytechnic, Roorkee, District-Haridwar and to pay them the regular pay-scale, bonus and other requisite benefits and arrears admis sible to them as a Class-IV employee. Briefly stated, the institution known as Kanhaiya Lal Polytechnic, Roorkee has been established by the State Govern ment. According to the petitioners Hostel is a part of the Institution, which has been established by the State Fund and the pe titioners were appointed as a Class-IV em ployees in the aforesaid institution in ac cordance with the date of appointment mentioned against their names by oppo site party no. 5, who is the head of the institution and is the appointing authority of the petitioners. The name along with the date of appointment is as follows : "name of the employee Date of Appointment 1. Naresh Kumar 19-04-1986 2. Hari Singh 05-10-1986 3. Ram Hirday 01-06-1985 Satya Pal 01-04-1984" 4. The petitioners have submitted that from the date of appointment, they are working in the institution as Class-IV em ployees and some times they have been shifted at Hostel and some time to the College and therefore, they are entitled for all the benefits on the ground of equal pay for equal work.
(3.) A counter affidavit has been filed by the State, where it has been stated in paragraph 4 that Kanhaiya Lal Polytech nic, Roorkee has been established by the Government of U. P. and is aided by the State Government under the control of Director Technical Education and the Hos tel where the petitioners are working is a separate and independent entity and nei ther there is any regular substantive post for Class-IV category and nor the same is aided by the State Government, but the same is being maintained from the income of rent received from the students. It has further been stated in the counter affida vit that there was no regular vacancy and there is no permanent requirement of any Class-IV staff. Another counter affidavit has been filed by the Standing Counsel, where in paragraph (B), it has been stated that Kanhaiya Lal Polytechnic Roorkee was earlier functioning as an aided Polytech nic by the erstwhile State of U. P. Now it is functioning under the State of Uttaranchal and is un-aided Polytechnic and the financial aid is given to the Col lege against the post sanctioned by the Government from time to time and the pe titioners were never appointed against the sanctioned posts and therefore, there is no occasion for regularization in the services. The management of Kanhaiya Lal Poly technic Roorkee has employed them as temporary on work charge basis and they are paid for their work out of the rent re ceived from the students. The Hostel is neither a part of the Polytechnic nor is being aided by the State 'of Uttaranchal, therefore, the grievance of the petitioner to regularize them does not arise at all.;