- (1.) B. S. Chauhan, J. This Special Appeal has been filed against the judgment and order dated 10-8-2007 passed by the learned Single Judge rejecting the application for modification of the judgment and order dated 8-12- 2006.
(2.) THE facts and circumstances giving rise this case are that the petitioners-appellants claim to have been working with the respondent Moradabad Development Authority, Moradabad (hereinafter called the 'authority') as Daily Wagers since long, as they had been engaged between the period 1-12-1996 to 1-1- 2000. A combined seniority list of such daily wagers was prepared according to their dates of engagement. THE Government issued an order dated 13-4-1998 which provided to consider such persons engaged on daily wages for regularisation provided they had been appointed prior to 19-12- 1989. Subsequently, the Government issued another order dated 7-3-2001 for considering the regularisation of such persons who had been appointed before 29- 6-1991. A large number of writ petitioners alongwith these appellants filed writ petitions challenging the cut-off date and seeking regularisation as well as 'equal Pay for Equal Work' from the date of their initial appointment. THE said writ petitions were disposed of vide judgment and order dated 8-12-2006 directing the Authority to consider for regularisation of services of those persons who had been appointed prior to cut-off date, i. e. 29-6-1991 in pursuance of the Government Order dated 7-3-2001. Persons who had been engaged subsequent to the cut-off date, were permitted to continue. However, some of them who had completed a particular period, were directed to be paid minimum of the pay scale. THEse appellants had not completed the minimum period, had not been allowed even the minimum of the pay scale. Being aggrieved, they sought modification of the order dated 8-12-2006 seeking direction for minimum of the pay scale. THE said application has been rejected vide impugned order. Hence this appeal. Shri P. C. Misra, learned Counsel for the petitioners- appellants has submitted that even the petitioners-appellants were not entitled for regularisation, they were entitled for minimum of the regular pay scale of the post and, therefore, the application for modification of the order, has wrongly been rejected. On the other hand, the learned Counsel for the respondents have vehemently opposed the appeal contending that the minimum of pay scale of the regular employees is available to the employees who have attained the status and daily wagers are not entitled for claiming such a relief and, therefore, the appeal is liable to be dismissed.
(3.) WE have considered the rival submissions made by learned Counsel for the parties and perused the record. This Special Appeal has been filed only against the order dated 10-8-2007, by which the application for modification has been rejected. Therefore, the issue regarding the validity of cut-off date is not under challenge. The only question involved herein is as to whether these appellants who had been engaged between 1-1-1996 to 1-1-2000 and are working as daily wagers are entitled for payment of minimum of pay scale of regular employees.;