Rajiv Sharma, J. - (1.) - Heard learned Counsel for the parties.
(2.) The petitioners serving as Class IV employees in the Government Scheduled Caste Hostel, run and managed by the Department of Social Welfare, Government of U.P. on consolidated wages, have prayed for quashing an order dated 26.4.2005 and have further prayed for regularisation of their services like similarly situated employees. Earlier, the similarly situated other persons had filed a Writ Petition No. 9176 of 2006 Ratan 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 regularisation under the U. P. Regularisation 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 regularisation 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 ad hoc basis and thus the petitioners' case is not covered by the Rules of 1979.
(3.) Brie facts, giving rise to these Writ Petitions are that the Assistant Director (Headquarters), Social Welfare, U.P. Lucknow issued an advertisement in daily newspaper '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. A total 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 upto 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.;