Judgment

E. S. VENKATARAMIAH

( 1 ) THIS is a petition under Art. 32 of the Constitution of India.

( 2 ) THE petitioner in this case is the U. P. Income-tax Department Contingent Paid Staff Welfare Association. The members of the said association, as the name of the Association itself suggests, are the contingent paid staff in the I. T. Department. Their complaint is that even though they have been rendering the service as Class IV employees in the I. T. Department for a large number of years, the I. T. Department has not taken steps to regularise their services and to absorb them as members of the Class IV services and that they are being paid wages as daily rated labourers lower than the salary and allowances which the Class IV employees of the Department have been drawing. They pray for the issue of a writ in the nature of mandamus to the respondents to pay them the same salary and allowances which are paid to the employees of the Department in corresponding posts and also for regularising their service. A counter-affidavit has been filed on behalf of the respondents. The respondents do not deny that the contingent paid staff are being paid daily wages lower than what is being paid