A.K. Ganguly, J. - The petitioners were working on daily wages basis since 1988 as road roller driver and cleaner. The petitioner no. 1 was driver and the petitioner no. 2 was the cleaner of the road roller. Their case is that they have been working on daily wages basis in the department of Rural Engineering Organisation, Works Division, Aurangabad, under the respondent no. 2. Their further case is that by letter no. 2213 dated 23rd December, 1991, the road roller drivers of the said department were taken to the office of the District Rural Development Authority, Aurangabad. Along with other road roller the drivers and the cleaner were sent under respondent no. 3. Since then they were paid by the Rural Engineering Organization department.

2. Thereafter, the petitioners applied for regularisation of their service as they were not receiving their salary since March, 1992. On the basis of their representation the salary was paid till 10th February, 1993 under the scheme of District Rural Development Authority. Somehow or the other, the petitioners' services were not continued. The case of the petitioners is that their services have been terminated without any order being passed to that effect.

3. Learned counsel for the respondents submits that pursuant to the policy decision taken by the State Government dated 31st July, 1993, the services of the petitioners were terminated inasmuch as it was decided by the State Government that the services of those employees who have been appointed on daily wages basis after 1st August, 1985 should be terminated. Learned counsel for the respondents has fairly stated that there is no adverse report against the working of the petitioners.

4. In that view of the matter, this Court disposes of the writ petition by directing the respondent no. 2 to take steps for engaging the petitioners as driver and cleaner of the road roller in question. The services of the petitioners, after being so engaged, may be utilised either by respondent no. 2 or respondent no. 3. It goes without saying that the persons who have served the government for 5 years without any interruption or any complaint from any quarter should be given the benefit of the regularisation of service. Therefore, this writ petition is disposed of with the aforesaid directions namely to take the petitioners back in service as road roller driver and cleaner within a period of one month from the date of receipt/production of the copy of this judgment. The respondents are also directed to take steps for regularisation of the services of the petitioners within a period of six months thereafter. It is, however, made clear that no salary should be paid to the petitioners for the period for which they did not work.

5. In the result, this writ petition is allowed to the extent indicated above. No order as to costs.