G.B. Singh, J. - (1.) This is a petition for issuing a writ in the nature of certiorari quashing the order, dated 23 February 1988, annexure 20 whereby the petitioners have been ordered to be relieved from Faizabad, Gonda and Sultanpur Depots for their appointments as conductors in Dehra Dun Region and a writ in the nature of mandamus directing the opposite parties to declare the petitioners 2, 3 and 5 as permanent junior clerks/booking clerks and petitioners 1, 4, 6 and 7 to 9 as permanent office assistants grade II and to pay the salary with arrears with effect from 28 February 1986, and other consequential benefits.
(2.) It is undisputed that the petitioners were originally appointed as labourers on daily wages in Uttar Pradesh State Road Transport Corporation (here in alter referred to as corporation). The dates and places of their appointments as labourers on daily wages are as given below : JUDGEMENT_83_LAWS(ALL)8_19881.html
(3.) According to the petitioners since petitioners 1,4, 5, 7 and 8 were intermediate ; petitioners 2, 3 and 9 were graduates and petitioner 6 was B.A., LL. B., they were employed as clerks on daily wages sometime after their initial appointment as labourers on daily wages and they continued to work as clerks in the respective offices of their appointments as clerks till the impugned order, dated 23 February 1988, was passed for relieving them from the aforesaid posts and their appointments as conductors in Debra Dun Region. The petitioners have been representing and meeting the respondents from time to time in order to press their demand to appoint them as regular clerks but they did not pay any heed and continued to take work from them on a meagre payment of Rs. 300 per month. The matter of regularisation of clerks working on daily wages was engaging attention of the superior authorities of the corporation also. The Regional Manager, Faizabad, therefore, wrote a letter on 4 February 1986, to Deputy General Manager (Central Zone), Lucknow, annexure 15, for regularisation of the clerks working on daily wages as office assistants and junior clerks/booking clerks. Deputy General Manager (Central Zone) through his letter, dated 18 March 1986; annexure 16, intimated the Regional Manager, Faizabad, to relieve such clerks. There was some other correspondence also between the Regional Manager, Faizabad. and the Deputy General Manager (Central Zone), Lucknow, in this connection and they are annexures 17 to 19. Ultimately, the Regional Manager. Faizabad, passed the impugned order, dated 23 February 1988. in compliance with the order of the Deputy General Manager (Karyalaya) that the petitioners are being relieved for being appointed as conductors in Dehra Dun Region.;