JUDGMENT

VIKRAM NATH, J.

1. Leave granted.

2. These appeals assail the judgement passed by Division Bench of Madhya Pradesh High Court on 02.12.2019 in Writ Appeal No.1486/19 whereby it allowed the appeal filed by Respondent (State of Madhya Pradesh) and held that Appellants are not eligible to get regular pay scale as per circular dated 10.05.1984. Further, the Division Bench distinguished their case from that of Ram Naresh Prajapati & Ors vs State of M.P., Writ Appeal No.197 of 2016 and denied extending the benefit of regular pay-scale to Appellants on the ground of similar facts. The appeal also assails the order passed by Division Bench on 10.12.2021 in Review Petition No. 90/2020 whereby it dismissed the review filed by the appellants.

3. The brief facts leading to present appeal are summarised as follows:

3.1 On 11.06.1980, in exercise of powers under proviso of Article 309 of the Constitution of India, the Respondent State framed the rules titled “M.P. Veterinary Department Contingency Paid Employees Recruitment & Conditions of Service Rules, 1979” (“1979 Rules”). The M.P. General Administration department issued a circular dated 10.05.1984 (No.192/601/1/S.R.D./84) in reference to recruitment of employees getting salaries from work- charged/contingency fund and in reference to giving them revised pay-scale. Clause 6 of the Circular reads as:

“Recruitment of the employees of this service will be done by Collector considering them fixed waged employee for initial three years and thereafter temporary employee as per appendix one in revised pay-scale. Such employees appointed in the past, who hold eligibility given in appendix two, will have to appear before the district level committee, however, after being selected, they will be considered member of the service after three years of them joining the service.”

3.2 It also stated that employees of this service could be recruited by a Selection Committee at district level. Effectively, the circular conferred the benefit of revised pay-scale to employees completing three years after initially being recruited by the Selection Committee at district level and appointed by Collector as temporary employees on fixed wages.

3.3 Additionally, the circular stated that members who did not receive status of permanent employees by 01.04.1982, would receive status of temporary employee, if they hold prescribed educational qualification and necessary eligibilities, they should also be conferred the benefit of revised pay-scale. This helps to clarify the purpose of the Circular as the State is making provision for temporary employees to avail the benefit of regular pay-scale.

3.4 In 1996, the State of MP initiated a Special Recruitment Drive to fill up Class III and Class IV posts lying vacant in various departments, which were reserved for candidates from Scheduled Castes, Scheduled Tribes and Other Backward Classes. A Selection Committee was constituted. Appellant No.6 Ramesh Prasad Prajapati was appointed by order dated 09.12.1996 under the special recruitment drive, issued by the Deputy Director, Veterinary Hospital as per the selection list sent by the office of Collector. The order stated that Appellant No.6 along with four others was appointed temporarily on daily wage rate prescribed by Collector.

3.5 On 14.09.1998, MP General Administration department issued a circular stating that candidates appointed on regular posts under the Special Recruitment Drive would be paid regular pay-scale of the concerned post.

3.6 Since certain posts were still lying vacant, on 30.07.2005, the MP General Administration Department extended the time limit of Special Recruitment Drive for filling up the backlog posts of Scheduled Castes, Scheduled Tribes and Other Backward Classes, from 31.07.2005 to 31.12.2005. Earlier, two memorandums were issued on 19.02.2002 and 24.03.2005 elaborating the guidelines for recruitment.

3.7 By the order of the Deputy Director, Veterinary Services, Umaria dated 03.12.2005, a Selecti