S.N. Pathak, J. - (1.) The petitioners have approached this Hon'ble Court with a prayer for quashing the part of the order as contained in memo dated 22.03.2011 by which it has been ordered that the period rendered by the petitioners as daily rated employees will not be counted for the purpose of continuity in service. Further prayer has been made to regularize the services of the petitioners w.e.f. 05.02.1981 so far as it relates to petitioner No.1 and w.e.f. 1.4.1981 so far as it relates to the petitioner No.2 i.e. the date on which both the petitioners have been engaged as daily rated employees on the basis of the order passed by the Hon'ble Apex Court in MJC No.606 of 2000 and the order passed by the Hon'ble Apex Court in S.L.P.(C)No.16784-16820 of 2000. In pursuance to the said order, the order dated 22.03.2011 has been passed regularizing the services of the petitioners w.e.f. The date of their joining. Prayer has also been made to count the services of the petitioners w.e.f. 5.2.1981 & 1.4.1981 respectively and to release entire difference of salary from the said date till 22.03.2011 along with penal interest and other consequential benefits. Factual Matrix
(2.) The petitioner No.1 joined his service as daily rated employee w.e.f. 5.2.1981 while petitioner No.2 has joined his service w.e.f. 1.4.1981 and thereafter, the services of the petitioners have been taken into work charge establishment and since the date of their initial appointment, both the petitioners have been discharging their duties.
(3.) It is stated that the State Government has issued one Circular on 18.06.1993 providing therein that the daily rated employees, if appointed prior to 01.08.1985, and have worked regularly for a period of 240 days, they will be given preference in the matter of appointment.;