Amitava Lala, J. - (1.) The writ petition is made by three writ petitioners. According to them, they are the victims of similar circumstances. The first writ petitioner is an OBC (Other Backward Classes) candidate. His date of birth is 26th October, 1959. His qualification is B.A. in 1986. His date of joining in the service is 27th April, 1987. The second and third writ petitioners are scheduled caste candidates. Their dates of birth are 7th'October, 1968 and 1st April, 1967 respectively The qualifications are B.A., one in 1989 and the other in 1988 respectively. The dates of joining in the service are 10th June, 1993 and 17th June, 1993 respectively. They were appointed by way of appropriate selection process i.e. written test, interview, audition test etc. In effect, their appointments were as Production Assistants but casual in nature in the erstwhile Akashvani, All India Radio, Kurseong, now Prasar Bharati Broadcasting Corporation of India. They are doing the following works: "(i)(a) Compare, i.e. To conduct a programme by announcing the topic, to conduct the discussion with the person who presents the topic, to present the programme to reach to the lis tenders of Radio. (b) Production Assistants, i.e. to produce and present the programme through the process of compare. (c) Collection of the programme from the outside sources, i.e. being deputed by the programme executive of the all India Radio authorities in a place like school function, sports, festivals, like Netaji Birthday, Independence Day, Republic Day, Teachers' Day, Martyrs Day and elections and the like. (d) Dubbing performances, Editing of Programmes etc. (ii) Your petitioner No. 1 besides performing the aforesaid duties stated in sub-para (i) has been functioning as the Script Writer, Transmission Announcer, Producer of different feature, i.e. Life Sketch of the great personalities of the world under the programme head "Mahajivan Mahamanav" fortnightly news reel programme, announcement of Special News Bulletin, Hindi Language lesson, Drama Artist, Production of Drama and Programme on Nepali Spoken Words Yuva Vani etc. (iii) Your petitioner No. 2 besides performing the duties stated in sub-para (1) above has been functioning as Producer of News Reel, Science Programme, Education Programme, Mahatma Gandhi topic, Yuva Vani etc. (iv) Your petitioner No. 3 besides performing the duties in sub-para (1) stated above has been functioning in Hindi Language lesson and MADHURIKA Education Broadcasting and Science Programme Broadcasting, Yuva Veni etc." Additionally, they are doing the following works: "(a) Maintenance of Index Cards of different artists, (b) Maintenance of Proposal Register of artists."
(2.) For the purpose of discharging the aforesaid duties they are required to attend office on working days of the month and in fact, from the dates of their respective joining they are attending office like other permanent employees of the establishment of the respondents. Their duties and functions are permanent and perennial in nature Even thereafter their services have not been regularised.
(3.) Ultimately, the petitioners came to know from the three messages received from the higher authority of the Ail India Radio dated 16th October, 1995,27th January, 1997 and 4th February, 1997 that such authority or authorities have called upon to furnish the particulars of the casual employees for the last three years giving a top priority for regularisation of their services. Details of such messages are given in paragraph 11 of the writ petition. The petitioners stated that in spite of the same they are still functioning and discharging their duties in their respective capacities in the said establishment of the respondents regularly without any break for ail these days and the respondents have been accepting their services as such. Since their requirement exists on their dictated terms the helpless petitioners are functioning on accepting their terms under compelling circumstances to earn their livelihood and for maintaining their respective families. Of late, the work of the petitioners was reduced aiming to victimise them by way of preventing regularisation of their services. The respondents contended before this Court that the petitioners are not casual workers but they are appointed on contract basis (in terms of Annexure 'A' to the affidavit in opposition) for a specific job and for a specific period when the petitioners accepted the same. Therefore, the Court cannot direct by a process of direction to regularise their service by passing the process of selection. In view of 1997 (1) SCC 350, P. Ravindran and others v. The Union Territory of Pondicherry and others , regularisation of service de horse ( ) the law is illegal. He has also relied upon a judgment on that score reported in 1997(2) SCC 713, Santosh Kumar Verma and others v. State of Bihar and others . The Learned Counsel for the respondents referred to the judgment reported in 1997(2) SCC 507, The State of Bihar and others v. Shyam Yadav and others , in its paragraph 17 to establish that if there is no policy decision, question of regularisation has no binding effect.;