Rakesh Tiwari, J. - (1.) HEARD learned counsel for the parties and perused the record.
(2.) THIS petition has been filed by the petitioners for a direction to the respondent nos. 3 and 4 to pay them the salary which is being paid to the other employees and to consider the case of the petitioners for regularization by deciding representation dated 23.5.2007 against the existing vacancies or the vacancies which may be created or for which sanction may be obtained from the State Government. The case of the petitioners is that they are continuously working as a Clerk in the office of Nagar Palika Parishad, Mugghal Sarai, District Chandauli on daily wages basis since 1991. It is alleged that petitioner no.1 filed Civil Misc. Writ Petition No. 32405 of 1993 which was disposed of vide order dated 19.1.2004 directing the petitioner no.1 to make a representation within a period of two weeks along with a certified copy of the order. Nagar Palika may pass appropriate orders preferably within three months in accordance with law taking into consideration the Government Order dated 8th September, 1992. Petitioner no.1 filed representation which was decided in his favour and he was allowed to work as Clerk and since then he is continuously working.
(3.) IT is further alleged that similarly petitioner nos. 2 and 3 who were employed as clerk on daily wage basis filed Civil Misc. Writ Petition No. 29263 of 1991 before this Court which was finally disposed of vide order dated 5.1.2005 directing respondent no.1 to consider the case of petitioner nos. 2 and 3 according to Government Order and pass a detailed and reasoned order expeditiously, preferably within a period of two months from the date of production of a certified copy of the order. They filed representation before the authority concerned which was decided in their favour and since then they are continuously working as Clerk. The counsel for the petitioners submits that since the petitioners are discharging their duties continuously and regularly and are performing the work identically to the regular employees for the last several years, hence they are entitled to receive the same salary and conditions of service as the other employees regularly appointed against sanctioned posts are receiving and denial of this benefit would amount to violation of Article 14 of the Constitution of India.;