AJIT KUMAR SINHA,J. - (1.) THE present writ petitions have been preferred for grant of an appropriate writ in the nature of mandamus or an order or direction commanding upon the respondents to regularize the services of the petitioners with consequential benefits within a specified period. Both the writ petitions involving same issues are being disposed of by this common order.
(2.) THE facts in brief are stated as under. The petitioner No. 1 joined on the post of peon on 11.9.84 and the petitioner No. 2 joined on 24.5.86. According to the petitioners a seniority list was prepared of Class III and Class IV employees posted in different branches who were appointed between 2.8.1985 and 1991. It is further stated that the petitioners are getting monthly wages which is lesser than the regular pay scale. An agreement was entered into on 18.2.1991 between the Dy. Commissioner Administrator -cum -Dy. Development Commissioner, Managing Director and General Manager, Singhbhum District Central Cooperative Bank Ltd. and members of the Association wherein it was agreed that the services of the petitioners should be regularized and accordingly on 10.5.94 applications were forwarded by the Branch Manager for consideration. By office order issued under Memo No. 975 dated 21.8.2000, the managing Director of respondent No. 3 regularized the service of as many as 17 persons in the pay scale of Rs. 940 -1660/ -. Again vide Memo No. 887, dated 8.8.2000 four other similarly situated persons were also regularized pursuant to the order passed by this Court in C.W.J.C. No. 3395/1998(R). As regards the second writ petition being W.P.(S) No. 7050 of 2005, it is relevant to submit that initially a writ petition being C.W.J.C. No. 3395/98(R) was filed by the present petitioners and four other persons and the same was disposed of with a direction to respondent Nos. 4 and 5 to consider the case of the petitioners in the light of the Resolution dated 18.2.1991. It appears that contempt petition MJC No. 281/2000(R) was filed and the Management filed its show -cause stating that they will not dispense with the services of the petitioners and further undertook to regularize them as and when vacancy arose. Four of the petitioners of C.W.J.C. No. 3395/98(R) were regularized vide Memo No. 887 dated 8.8.2000 ignoring the petitioners herein who preferred the present writ petition. According to the counsel for the respondents the services of 22 eligible persons were regularized after considering their efficiency, qualification and the available sanctioned post in the light of the order passed in C.W.J.C. No. 3395/98(R). It has been specifically denied that the case of the petitioners were similar to those persons who have already been regularized. They have also denied about the availability of vacancies at present and further stated that the posts which are now lying vacant are meant for S.T. and S.C. and the petitioners' case do not fall in that category. It has also been stated that the petitioners' appointment was neither through regular procedure nor in accordance with the constitutional mandates as prescribed under Article 14 and 16 of the Constitution of India and thus, they have no legal right to be regularized in the service.
(3.) THE main contention raised by the counsel for the petitioner is that they have been discriminated while others have been regularized and the vacancies are available and they have been working for so many years and thus entitled to be regularized.;