Arun Mishra C.J.

There is a delay of 175 days in filing the appeal. An application being C.A.N 3315 of 2013 has been filed for condonation of the delay under Section 5 of the Limitation Act.

2. The application is not opposed by the respondents. Delay is condoned. The application is allowed.

3. The petitioners filed the writ application against the decision of the Municipality denying permanent status to the petitioners on and from their date of joining. Basing on the tripartite agreement they were confirmed as permanent employee in Group 'C' category on and from 1st February, 1994 along with they joined in services in the year 1990.

4. The petitioners also relied upon a Government Memo dated 10th March, 1996 which gave right that casual workers who were engaged in different Municipalities after 31st December, 1991 would be eligible for absorption in the duly sanctioned vacant Group 'C' posts within the approved staffing patterns of the Municipalities concerned strictly on the basis of seniority and with prior approval of the Board of Councillors subject to the fulfilment of other terms and conditions laid down under the Labour Department Memo dated 13th March, 1996 read wit