Sunil Ambwani, J. - (1.) HEARD Shri Ram Niwas Singh, learned counsel for the petitioner. Learned Standing Counsel appears for the respondents. The pleadings are complete. With the consent of parties, the writ petition was heard.
(2.) THE petitioners, serving as Class-IV employees in the Government Scheduled Caste Hostel (Women) at Allahabad, run and managed by the Department of Social Welfare, Government of U.P. on consolidated wages, have prayed for quashing an order dated 29.7.2008 and have prayed for regularization of their services like other similarly situated employees. Earlier the petitioners had filed a Writ Petition No. 9176 of 2006, Rater? Bihari and others v. State of U. P. and others, which was disposed of on 22.9.2007 with directions to consider their cases for regularization under the U.P. Regularization of Adhoc Appointments (On posts outside the purview of Public Service Commission) Rules, 1979 (in short the Rules of 1979) within a period of four months from the date of presentation of a certified copy of this order. THE Director, Social Welfare, U.P. has considered the matter and has, by his order dated 29.7.2008, disposed of their representations rejecting their prayers for regularization on the ground that there is no Government Order or statutory rules for regularising the employees working on consolidated pay. THE Rules of 1979 are applicable to only those employees, who have been appointed on adhoc basis and thus the petitioners' case is not covered by the Rules of 1979. Brief facts giving rise to this writ petition are that the Assistant Director (Headquarters), Social Welfare, U.P. Lucknow, issued an advertisement in daily newspapers 'Rashtriya Sahara' on 2.12.1994 inviting applications on the vacant posts of Class IV employees for Rasoia (Cook); Kahar (Waterman); Chaprasi (Peon); and Chaukidar (Watchman) in the pay-scale of Rs. 750-940. The advertisement provided that the posts are purely temporary, and that the selected candidates can be posted at any place in the State of U.P. Atotal number of 365 persons were selected including the petitioners and that by an order dated 10.10.1995, 102 persons out of the list in order of seniority were appointed on these Class IV posts on temporary basis. By an order dated 19.12.1995, 76 persons out of the list were appointed on consolidated pay of Rs. 750/- and another 76 persons out of the same list were also appointed on a consolidated pay by an order dated 29.2.1996. A Deputy Director in the Directorate of Social Welfare made these appointments on consolidated pay on the conditions that by the Government Order dated 22.3.1995 these posts on consolidated pay are sanctioned up to 29.2.1996 and thus the continuance of all the appointees on the consolidated pay will be subject to further sanction of the posts by the State Government. The order further provided that the sanction of these posts can be cancelled at any time without prior notice to the appointees. The petitioner had earlier filed a Writ Petition No. 38229 of 1999 in which while inviting counter affidavit the respondents were directed to allow to draw the salary which they were drawing at that time.
(3.) SHRI Kundan Singh Yadav filed a Claim Petition No. 1167 of 1996 in the U.P. Public Service Tribunal. The claim petition was allowed on 27.9.2007 with directions: "In the result the claim petition is allowed. The opposite parties No. 1 to 4 are directed to grant regular pay-scale of Rs. 750-940 to the petitioners from 10.12.1996. Cost is made easy." The order was challenged by the State Government in Writ Petition No. 15314 of 2004, State of U.P. v. Kundan Singh Yadav. The writ petition was disposed of on 15.4.2004 with directions to the State Government to file a review petition. The review petition was dismissed on technical grounds, on which the Writ Petition No. 165 (S/B) of 2005, State of U.P. v. Kundan Singh Yadav, was filed which was again disposed of on 27.1.2005 with directions to U.P. Public Service Tribunal to decide all the issues within three months. The review petition was dismissed by the Tribunal in pursuance of the said order of the High Court on 26.4.2005. A Writ Petition No. 1394 (S/B) of 2005, State of U.P. v. Kundan Singh Yadav, was thereafter filed by the State of U.P. in the Lucknow High Court which was pending upto 28.11.2005. During the pendency of the contempt petition, the State Government allowed regular pay-scale of Rs.750-940 (revised pay-scale of Rs. 2550-3200) to the petitioners w.e.f. 10.12.1996 in compliance with the order of the Tribunal dated 27.9.2002. The Writ Petition No. 6798 (SIS) of 2006, Mohd. Saleem and others v. State of U.P, was filed praying for regularization. By an order dated 22.8.2006 the Lucknow High Court observed : "Since the petitioners were selected in pursuance of the advertisement, in which pay-scales were notified, though due to non- availability of the vacancies, they were given appointment on consolidated pay, but against the sanctioned posts, it is not open to the respondents to proceed for fresh selection against those vacancies. While setting aside the advertisement dated 25.1.2006, it was provided that the petitioners shall be allowed to work against the vacant posts and shall be paid the pay-scales as applicable to the posts".;