JUDGMENT

Sudhansu Jyoti Mukhopadhaya, J.

1. Leave granted.

2. This appeal is directed against the judgment and order dated 15th March, 2013 passed by the Division Bench of the High Court of Judicature of Bombay, Bench at Aurangabad in Writ Petition No.1047 of 2013 whereby the High Court held that the appellant is not entitled for regularization of her service as per Government Resolution dated 10th March, 2005 and dismissed the writ petition.

3. The factual matrix of the case is as follows: The Government of Maharashtra vide GR dated 30th June, 1961 framed recruitment rules of revenue clerks from amongst persons having qualification S.S.C. and within the age limit of 23 years (relaxable upto 26 years for reserved category candidates). Selected candidates were to be appointed in their office to work against clerical post. Those who could not be adjusted against the post but were kept in the waiting list, were called upon to work on payment of nominal fees under the control of different departments like revenue Department, Settlement Commissioner, Land Records Department, city survey office, etc. Those candidates who were engaged to work on payment of fees were popularly known as "unpaid candidates'. Their payments are being made out of copying fees received by the department, 70% of which was for payment of wages to the said unpaid candidates and 30% share was credited to the Government.

4. The applications were called for appointment to Clerical posts. The appellant and others were declared successful. Those whose names were appearing in the main selection list were appointed against the Clerical post. Rest in the waiting list were allowed to work as unpaid candidates. Since 4th July, 1985, the appellant is working as unpaid candidate in the City Survey Office at Dhule, Maharasthra.

5. The Secretary of Bhumi Abhilekh Bina Vetan Sangthana (Union of Unpaid Candidates belonging to Land Records Department) filed an Original Application No.153 of 1991 before the Maharashtra Administrative Tribunal, Mumbai. They prayed for direction on the respondents for regular absorption of its members i.e. unpaid candidates against the regular vacancies. The Tribunal by its judgment dated 20th December, 1992 allowed the application directing the respondents to absorb unpaid candidates, who had put in more than ten years of service as such, by giving preference and by relaxation of age, if they otherwise fulfill other eligibility criteria.

6. The said judgment was challenged by the State Government before this Court and the SLP was dismissed on 14th July, 1995. Consequently, the State Government issued G.R. dated 21st October, 1995, for implementation of the directions of the Tribunal in Original Application No.153 of 1991.

7. The other candidates of revenue department thereafter approached the Tribunal at Aurangabad by filing Original Application No.895 of 1995. The said application was also decided in their favour by judgment dated 30th November, 1995. The Tribunal directed the State Government to frame a scheme as envisaged in its earlier judgment dated 20th December, 1992 for absorption of unpaid candidates. In order to comply with the directions issued by the Tribunal, the State Government issued G.R. dated 22nd October, 1996 for absorption of unpaid candidates in the revenue department and fixed 30th November, 1995 as the cutoff date. Consequently, unpaid candidates who had completed 10 years of service as such, became eligible for absorption, subject to the satisfaction of other conditions prescribed in the said GR.

8. In Writ Petition No.2150 of 1998, the Division Bench of the Bombay High Court passed an order on 16th October, 2002 directing the State to pay a minimum salary of Rs.3,200/- per month to the unpaid candidates. Pursuant to the said direction, the benefit of minimum salary of Rs.3,200/- was given by the State Government to all unpaid candidates.

9. Subsequently, a group of writ petitions were also disposed of by a Division Bench of the