Aloke Chakrabarti, J. - (1.) Both these writ petitions were heard together.
(2.) The facts involved herein are that the petitioners are High Court employees and holding substantive posts of Upper Division Assistants in the High Court at Allahabad and all are functioning as Bench Secretary Grade II for the time being.
(3.) Under the office memorandum dated 1-6-1992 it was notified that written examination for recruitment of Bench Secretary Grade II would be held but no written examination was held. From time to time dates of examination were shifted. In view of large number of substantive vacancies in the post of Bench Secretary Grade II in the High Court, an office memorandum was issued by the Joint Registrar on 3-11-1993 whereby the willingness to work as Bench Secretary Grade II was asked for from the ten senior most Upper Division Assistant working in the High Court with the condition that they would not claim any salary attached to the Bench Secretary Grade II. As none of the ten senior most Upper Division Assistants indicated their willingness to work under such terms, the present petitioners submitted their willingness to function as Bench Secretary Grade II and they were allowed to function. Four Bench Secretaries filed Writ Petition No. 23393 of 1995. There was no complaint in respect of functioning of the petitioners after continuous functioning as Bench Secretary Grade II. the petitioners submitted joint representation to the Registrar, High Court with a prayer that the petitioners' service as Bench Secretary Grade II be regularised. A fresh representation dated 24-7-1995 followed. Hon'ble the Chief Justice rejected the representation of the petitioners and the decision was communicated. Challenging such decision the present writ petition was filed alleging discrimination in view of the fact that in the post two other similarly circumstanced Bench Secretaries Grade-II, namely, Mr. S. K. Ratnakar and Mr. Abdul Rauf after working as Bench Secretary with similar condition for not claiming any salary in the post, were regularised by order dated 23-5-1989 on their representation.;