J.S. Khehar, J. - (1.) The petitioners, 57 in number, are all holding a variety of posts in the Public Works Department, Public Health Branch of the State Government. All of them came to be inducted into the service of the respondents in the eighties. Having rendered service as daily wagers for a number of years, the respondents considered their claim for regularisation unilaterally. All the petitioners were eventually regularised with effect from different dates in the year 2001. Two of the petitioners were, however, regularised in the year 2003.
(2.) Through the instant writ petition, the petitioners claim a mandate for regularisation on having completed three years of service after their induction into the employment of the respondents as daily wagers. This claim of the petitioners is based on the policy instructions issued by the State Government dated 23.01.2001 (Annexure P1). In so far as the aforesaid policy instructions are concerned, learned counsel for the petitioners has placed reliance on clauses (ii), (iii) and (iv) in paragraph 1 thereof. In our view, in order to understand the exact intent of the policy instructions, it will be necessary to cumulatively examine all the clauses of paragraph 1 of the policy instructions. Accordingly, clauses (i) to (iv) of the policy instructions are being extracted hereunder:- "(i) No new posts are ordinarily to be created to absorb and regularize existing work charged/daily wage and other categories of workers. Wherever the full circumstances of the particular situation warrant that new posts may be created, the case should be thoroughly examined, Finance Department should be consulted and approval of the CM should be obtained. (ii) Each Department may prepare a list of work-charged, daily wage and other categories of workers who have completed 3 years service and these lists may be updated from time to time. The lists should be prepared strictly as per seniority. (iii) Out of the lists prepared thus, workers should be absorbed/regularized only against regular posts existing in each Department. In the first instance work charged workers should be regularized in the order of seniority. Only when all eligible persons of this category have been accommodated, cases of daily wage and other categories of workers who have completed 3 years of service in the department may be taken up. The basic idea is that workers belonging to a particular department should be considered for regularization only against available regular vacancies in that department. The claim of work charged/daily wage/other categories of workers for regularization will extend only against available vacancies in the department to which these workers belong. (iv) For accommodating work charged/daily wage/other category workers as per the above policy against the existing vacancies the existing instructions requiring permission of the DOP and FD for filling up the vacancies would not apply. Wherever for the absorption/regularization of workers as per the above policy any Department's own Recruitment Rules come in the way, such provisions, of the Recruitment Rules will stand relaxed."
(3.) Learned counsel for the petitioners referred to clause (ii) extracted above, so as to contend that employees engaged on work charged basis and daily wage basis, who complete three years of service, are entitled to regularisation. He has also placed reliance on clause (iii) so as to contend that the inter se seniority of those eligible for regularisation is to be regulated on the basis of the date of completion of three years of service. In sum and substance, it is the vehement contention of the learned counsel for the petitioners, relying on clause (iv) of the policy instructions, that all work charged and daily wage employees must be regularised on completing three years of service. It is asserted by learned counsel, that under the mandate of the aforesaid instructions it is not essential to obtain any permission in this behalf either from the Department of Personnel or from the Finance Department of the State Government.;