- (1.) Since, the subject matter of both these special appeals is the same i.e. the judgment and order dated 14.09.2017 passed by learned Single Judge, whereby writ petitions filed by the appellants have been dismissed, with the consent of learned counsel appearing for the parties, both the appeals are being decided by the common judgment which follows: Heard Sri J.N. Mathur, learned Senior Advocate, assisted by Sri Manish Mathur, Sri Akhilesh Kalra and Sri Avinash Chandra representing the appellants, learned Additional Chief Standing Counsel representing the State respondents and Shri Gaurav Malhotra learned counsel representing respondent number 2 and 3.
(2.) The facts of the case, which can be culled out from the pleadings available on record and as per the submissions made by the learned counsel representing the respective parties are that all the 19 appellants - petitioners were engaged on ad hoc basis as Class-III employees in Ambedkar Nagar judgeship. Out of these 19 appellants - petitioners, Manish Kumar Malaviya was initially engaged on 6.4.1998 on ad hoc basis, rest 17 appellants-petitioners were initially engaged in the year 1999-2000 and one Rajneesh Kumar Mishra was engaged in the year 2001. Initial engagement of all the petitioners - appellants was made for a period of three months, which term was extended from time to time.
(3.) In the year 2001, an advertisement was issued for direct recruitment of Class-III employees which led the appellants-petitioners to file several writ petitions before this Court which were clubbed together with the leading writ petition being Writ Petition No. 7544 (S/S) of 2003. In the said bunch of writ petitions, an order was passed on 01.08.2006 providing therein that appellants-petitioner may apply in response to the advertisement and their cases shall be considered along with other candidates. It was further observed that the District Judge may send their names to Hon'ble Court on administrative side for considering if they may be granted relaxation in age. It was also provided in the said order that it will be open for the District Judge and Selection Committee to take into account the length of service and experience e.t.c. of the petitioners. It was further directed that till the selection process was over, appellants-petitioners would be allowed to continue in service in the same capacity.;