- (1.) Heard Mr. D.N. Tripathi, learned Counsel for petitioners, Mr. Manik Sinha, learned Counsel for the Narendra Deo University of Agriculture & Technology and Mr. Prashant Jaiswal, learned Additional Chief Standing Counsel for the State.
(2.) Petitioners have approached this Court under Article 226 of the Constitution of India, challenging the order dated 17.12.2009 passed by the opposite party No.1 -Secretary, Agriculture, Education & Research, Lucknow, contained in Annexure No.1 to the writ petition, whereby the Secretary, Agriculture, Education & Research, Lucknow, while examining the representation of the petitioner and going through the order dated 19.11.2009 passed in Contempt Petition No. 661 (C) of 2004 :Deo Narain Misra and 33 others Vs. M. Deoraj Special Secretary, Government of U.P., Lucknow Agriculture, rejected the claim of the petitioners for payment of minimum of pay -scale as per the recommendation of 6 th Pay Commission on the ground that petitioners are not working against any post in the University and they are being paid Rs.100/ - per day as daily wager as per Notification issued by the Labour Department of the State Government.
(3.) According to the petitioners, petitioners Nos. 1, 2 and 3 were engaged as Lineman in the University on 16.6.1987, 26.6.1987 and 16.6.1987, respectively; petitioners Nos. 4 and 5 as Pump Operator on 1.9.1990, 3.1.1989, respectively; petitioners No. 6 as Mate Supervisor on 1.2.1986; petitioner No. 7 as Beldar on 11.9.1987; and petitioner No.8 as Mate on 1.2.1987.;