JUDGMENT - GOKHALE H.L., J.:—This writ petition filed by four employees of the Higher and Technical Education Department of the State Government, principally seeks regularisation of their services from the date they were initially taken in the service of the State Government. The petitioners prior to their joining in the State Government, worked as Coders under the Directorate of Census Operations which is a Department of the Central Government. That was in the year 1980-81 onwards and that was for various periods ranging from one year and seven to ten months in the case of the first petitioner and three years and ten months in the case of the fourth petitioner. They were subsequently relieved from the particular assignment given to them under the Census Operations with effect from 31st January, 1984 by virtue of the order issued by the Directorate of Census Operations on that date. The relieving order stated that the appointment was terminated because of the reduction in establishment which resulted on completion of the work in connection with which the appointments were made.

2. In view of the representations of the employees, the State Government took a compassionate view and sometimes in the year 1984 all these four petitioners were taken in the employment in the Education and Employment Department. The dates of joining of the four petitioners were issued on 17th July, 1984, 21st May, 1984, 29th November, 1985 and 16th July, 1984. The appointment orders issued by the State Government stated that they were appointed as clerks on a purely temporary basis until further orders. One such appointment order issued to the second petitioner dated 21st May, 1984 is annexed at Exhibit "C" to the petition. The petitioners have continued to serve in this department thereafter regularly and without any break. It is their submission that their services are not different from the other employees and for that purpose it is emphasised that (i) they were all posted on regular vacancies; (ii) they were all given the benefits of regular employees and (iii) there was no outer date provided in their appointment orders that their services were to be engaged until a particular date. It is, therefore, their submission that they took that they have been engaged on a regular basis.

3. In view of the representations of the association of the employees and in view of the various orders of the High Court and the Supreme Court, the State Government came out with a Resolution on 1st December, 1994 to deal with such employees. This Resolution in paragraph 5 stated that these employees who have not been appointed through regular channel and who have been engaged on temporary basis, their initial date of joining being during the period 17th June, 1983 to 10th January, 1990, will be deemed to be in regular service of the State Government with effect from the date of the Government Resolution. That will be provided they satisfy the three conditions mentioned in Clause 5 of the Government Resolution viz., (i)they have the necessary educational qualifications and they also fall within the requisite age limit; (ii) they fulfil the necessary requirement with respect to the norms meant for reserved categories if the person belong to such categories and (iii) their service record is satisfactory.

4. It is the case of the petitioners that inasmuch as they have been thus regularised with effect form this Government Resolution i.e. from 1st December, 1994, a wrong has been done to them and that they ought to have been regularised with effect from their initial dates of absorption in the year 1984. As stated above, for that purpose their submission is the same namely (i) that they were occupying regular vacancies, (ii) they were receiving all the benefits and increments as given to the regular employees and (iii) there was no outer date provided in their appointment orders that their appointments were to continue until a particular date. Inasmuch as they were not satisfied

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