ORDER

1. The question is regarding the regularisation of work-charged employees and muster-roll labour employed on different projects by the State of U.P. at different points of time. The respondent-State has furnished a list of almost 13 thousand such employees employed zonewise as per Annexure A-1 to the additional affidavit on behalf of the State. These are divided into two groups, namely, 7744 work-charged employees and 5516 muster-roll employees. A separate list of employees claiming regularisation in various pending cases has been appended as Annexure A-3. A list of employees who came to be regularised pursuant to orders made by this Court from time to time since after 16-3-1993 is appended as Annexure A-4. Annexure A-5 gives the list of vacant posts available in the regular establishment at the relevant point of time. The State of U.P. also contends that on account of financial constraints, it was forced to show down in pace of work for as many as 7 important projects. Pursuant to our order dated 11-10-1993 and in the light of the observations made in the State of Haryana v. Piara Singh [(1992) 4 SCC 118 : 1992 SCC (L&S) 825 : (1992) 21 ATC 403] we are told that the State has prepared a Scheme, the details whereof are given in the additional affidavit, para 6. According to this Scheme, broadly stated, the State has undertaken to regularise work-charged employees employed prior to 19-9-1985 who possess qualification for regular appointment on an equivalent post in the service of the establishment, i.e., who qualify under the recruitment rules in force for that post. The age criteria, however, would be relaxed but other qualifications for eligibility would have to be satisfied. The State has to prepare a seniority list of work-charged personnel on the basis of those who are qualified under the relevant recruitment rules and thereafter regularisation has to take place strictly in accordance with seniority. The estimated vacancies in the years 1993-94 are indicated and the projection for the specific years insofar as vacancies are concerned is estimated and mentioned in the additional affidavit. As regards daily-wage/muster-roll personnel, it is stated that since their work is of a contingent nature, it is not possible to regularise them unless suitable posts are required and created under the rules. The regularisation of daily-paid employees and muster-roll employees of the Irrigation Department, contends the deponent, is beyond the planning of the State and its financial capacity. To put it differently, therefore, the State has prepared a regularisation scheme so far as work-charged employees are concerned but has expressed its inability to prepare any such scheme for daily-rated/muster-roll employees. We have carefully perused the proposed scheme in regard to work-charged employees and we felt that in clause D which talks of regularisation as per vacancies arising in regular posts on the establishment, a modification is necessary, in that, there should be a review of the cadre strength from year to year and based on the past requirement and continuity of work-charged employees, the cadre strength should be increased by a certain percentage of the work-charged, employees working over a period of time that may be fixed by the Government so that the pace of regularisation is accelerated and is not the same as obtaining in the past. For example, if 100 work-charged employees have been required throughout a period of time it could reasonably he estimated that even if shedding takes place, a certain percentage of those employees would certainly be retained and a part of them could be absorbed by increasing the cadre strength to that extent. An exercise of review in the cadre strength from year to year, thereafter, becomes necessary because while on the one side the financial difficulties of the State have to be kept in view, on the other side the welfare of the workmen who have served the State on different projects has to be