Pratap Krishna Lohra, J. - (1.) IN all these four petitions, a common issue & question of law is involved, therefore, they are disposed of by a common order. The petitioners in all these writ petitions under Article 226 of the Constitution of India have prayed for the reliefs of allowing them salary in the regular pay scale and for regularization of their services.
(2.) FOR craving the aforesaid reliefs, the petitioners have averred in the writ petitions that all of them were employed at the threshold of their service career in the office of Gram Panchayats. The Gram Panchayats entrusted all of them duties concerning realization of octroi duty in different capacities. The averments contained in the writ petition further reflects that when all the petitioners were serving under the respective Gram Panchayats in various capacities, a policy decision was taken by the State Government to abolish octroi duty with effect from 01.8.1998. As per the version of the petitioners, although, the State Government has decided to abolish the octroi duty but all of them were allowed to continue with the respective Gram Panchayats and the said arrangement was made by the State Govt. by issuing order no F -1(38) dated 06.8.1998. Precisely, the grievances as ventilated by the petitioners in the writ petition are that though all of them are continuing in the services and discharging their duties regularly but neither they are being paid their salary in the regular pay scale of Class -IV employee nor their services have been regularized. The pleadings pertaining to all the petitioners are clear & unequivocal that they are continuing with their jobs for last more than a decade. Thus, asserting the longevity of their services, requisite twin prayers have been made by all the petitioners in the writ petitions. The writ petitions are contested by the respondents and reply has been submitted. In the return the respondents have raised certain objections regarding maintainability of the joint writ petition in case of SBCWP No. 3118/2008. The respondents have categorically averred in their return that after the abolition of octroi, the employees who were declared surplus have been absorbed as 'Gram Sewaks' in the respective Gram Panchayats keeping in view their educational qualification as matriculate and those who were non -matriculate were not eligible for absorption to the post of 'Gram Sewak'. The fact that the order dated 06.8.1998 was issued and in compliance of the same, none of the petitioners have been retrenched is admitted by the respondents in their reply. With these averments in the reply, the respondents have opposed the prayer made in the writ petition.
(3.) MR . Mahaveer Bishnoi and Mr. J.S. Bhaleria, learned counsel for the petitioners have strenuously urged that all the petitioners are serving in the respective Gram Panchayats for last more than a decade and the Gram Panchayats utilizing their services as Class -IV employees are offering them consolidated salary of Rs. 3500/ - per month. According to learned counsel for the petitioners, non -payment of salary and the other emoluments at par with the other Class -IV employees to them is in clear negation of Article 14 & 39(d) of the Constitution of India. With these contentions, the petitioners have prayed for parity in the wage structure with the other Class -IV employees of Gram Panchayats.;