PANKAJ MITHAL, J. - (1.) INFRINGEMENT of the oft quoted doctrine of “equal pay for equal work” by the office of the Advocate General of the State is the cause in the present writ petition.
(2.) ADMITTEDLY , there was shortage of class-Ill employees in the office of the Advocate General of the State and, therefore, to meet the exigency of work, 42 class - III employees were recruited on daily wages over and above the sanc­tioned strength in the year 1999 at the rate of Rs. 47.50 P per day only. However, their services were dispensed with by an order dated 23.2.2005 passed by the Advocate General on the pretext of non-availability of funds. The other reason being that the State Government has directed to engage class-Ill employees on contract basis up to a sanctioned strength of sixty only. Of the above 42 employees whose services were so dispensed with, 23 (who are petitioners herein) challenged the order of termination by filing a writ petition No. 14876 of 2005. The rest remained silent. The writ petition was al­lowed vide judgment and order dated 25.5.2005 and the order impugned therein, terminating services of the petitioners was quashed. The aforesaid decision was taken up in Special Appeal No. 704 of 2005, State of U.P. and others v. Ashok Kumar, on behalf of Advocate General which is still pending.
(3.) IN view of the sanction alleged to have been granted by the State Govern­ment to 60 posts of class-Ill employee for the office of the Advocate General to be filled up on contract basis, 17 out of the 42 daily wage employees, who had preferred to remain silent when their services were terminated were re-employed in the office of the Advocate General on contract basis on 17/18.10.2005. This time at the rate of Rs. 5.000/- per month as against the daily wages of Rs. 47.50 P. per day (Rs.1425/- p.m.) which was earlier admissible to them. They started receiving a gross amount of Rs. 6, 358/- per month. However, the petitioners who have shown courage to question the order of learned Advocate General were left out and were not re-employed in any form. The services of two others were regularised. Subsequently, a plea was taken that as the matter is subjudice in special appeal and an interim order of status quo dated 1.6.2005 is operating these 23 could not be re-employed. The order of status quo was vacated on 8.8.2006 with the liberty to the petitioner to press for equal treatment like other 17 employees. Accordingly, petitioners were also re-inducted again as daily wagers with effect from 23.11.06 at the rate of Rs. 47.50 P per day.;