- (1.) Heard learned counsel for petitioner, learned Standing Counsel and perused the record. Counter affidavit has been filed by Sri Sanjay Kumar, Advocate appearing on behalf of respondents no. 2 to 6 but he is not present even though the case has been called in revised.
(2.) This writ petition is directed against the judgment and order dated 10.05.2001 passed by State Public Services, Tribunal, Lucknow (hereinafter referred to as 'Tribunal') in Claim Petitions no. 1013 of 1994 and 2308 of 1995, allowing both petitions, setting aside termination of respondents - 2 to 6 and directing petitioner to regularise respondents - 2 to 6 on the post of Junior Engineer (Civil).
(3.) Respondents- 2 to 6 were engaged on daily wage basis to work as Junior Engineer (Civil) on a consolidated salary on 26.12.1989, 01.04.1990, 01.12.1992, 01.02.1991 and 11.05.1990 respectively. They were assigned duties under Indo-Dutch Scheme to perform work of Junior Engineer (Civil). On 18.09.1992, Uttar Pradesh Public Service Commission (hereinafter referred to as ''UPPSC') advertised 153 vacancies of Junior Engineer (Civil) a cadre under U.P. Palika Engineering (Subordinate) Services. Respondents- 2 to 6 apprehended, if selection and appointment is made pursuant to aforesaid advertisement, they may be ousted, filed Writ Petitions No.7629 (SS) of 1992 and 7502 (SS) of 1992 in which interim orders dated 02.11.1992 and 23.10.1992 were passed. This Court restrained appointments pursuant to aforesaid advertisement on posts held by respondents- 2 to 6. Thus they continued to work as Junior Engineer (Civil).;