JUDGMENT

JAGDISH SINGH KHEHAR, CJI.

The respondents before this Court were engaged as conductors and drivers under statutory rules, framed by the State of Haryana, under Article 309 of the Constitution of India. Under the concerned statutory rules, even though conductors and drivers were engaged after following due process, they were paid different wages. Their initial wages were paid by treating them as daily wagers, their wages were then enhanced by treating them as contract labourers, and finally, they were paid regular wages in the regular pay scale.

2. 195 of such employees preferred writ petitions before the High Court, seeking wages in the regular scale of pay, with effect from the date of their entry into service. All those writ petitions came to be disposed of, by a common order dated 1.4.2013 (or by placing reliance on the said order). The operative part of the above order, is being extracted hereunder:

"We are, therefore, of the opinion that placing the petitioners on consolidated salary is impermissible and the rules to this extent are unconstitutional and, therefore, liable to be set aside. The placing of the petitioners in pay scales meant for Grade-II and two years there