S.U. Khan, J. - (1.) HEARD learned counsel for the parties.
(2.) PETITIONER nos. 2 to 17 are Class IV employees of Madhyamik Shiksha Parishad, Allahabad. PETITIONER no.1 claims to be President of Union of Class IV employees of Madhyamik Shiksha Parishad, Allahabad. In the writ petition as well as in the counter affidavit petitioners have been termed as regular labourers/employees. It appears that due to increasing workload of Madhyamik Shiksha Parishad it was felt necessary to increase the number of employees accordingly through Government Order dated 17.06.1974 copy of which is Annexure 1 to the writ petition 95 posts of Class IV employees were sanctioned in the pay scale which was admissible to Class IV employees at that time. The said posts were described in the said G.O. as temporary posts of regular labourers. It was provided in the said G.O. that Governor was pleased to sanction/approve creation of the said posts from the date of appointment till 28.02.1975. Para 2 of the said Government Order is important according to which it was provided that the holders of the said posts apart from pay would be entitled to dearness allowance and other allowances and benefits admissible to other Class IV employees as per orders of the Government from time to time. Under paragraph 3 of the said G.O. it was provided that on the newly created 95 posts only such persons would be appointed who were working for long time as daily wager labourers/workmen. The period prescribed by the aforesaid G.O. was extended later on indefinitely and further posts were added to the said cadre. Details of creation/sanctioning of fresh posts have been given in para 3 A of the counter affidavit. 195 similar posts were created/sanctioned on 29.07.1981, thereafter, 60 posts on 28.04.1995, again 60 posts on 08.04.1997 and lastly 52 posts on 09.06.1998 were created/sanctioned. Meanwhile from 1980 to 1981, 9 more posts had been created/sanctioned through three Government Orders. In this manner total number of newly created post became 471.
(3.) THE petitioners were appointed on different dates from 1989 to 1992. However, one of them Uma Nath petitioner no.8 was appointed on 24.06.1980. THE persons appointed as above got all the monetary benefits payable to other permanent Class IV employees including increment promotion, promotional grade, Selection grade and time pay scale etc. It has been stated in the writ petition that some of them were promoted to Class III posts also. The Government on 30.03.2001 issued a Government Order copy of which is Annexure 2 to the writ petition through which regular labourers (i.e. Class IV employees appointed as above) were held entitled to time pay scale also as they were entitled to all other monetary benefits admissible to permanent employees. After the said Government Orders time pay scale was paid to those regular employees who fulfilled the criterion in accordance with the said G.O. Consequent specific order was passed on 09.05.2001 by Deputy Secretary of Education Board U.P. Allahabad giving a list of 11 employees who were entitled to the time pay scale copy of which is Annexure 2 A. Another order was issued by Madhyamik Shiksha Parishad, Allahabad on 10.07.2001 granting time pay scale to 7 more regular labourers. Thereafter, through order dated 18.05.2002 passed by Madhyamik Shiksha Parishad, Allahabad one more increment in the time pay scale was granted to Uma Nath, petitioner no.8 as he had completed more then 10 years at that time.;