JUDGMENT :

KRISHNA RAO, J.

1. Both the appeals have been taken up for analogous hearing by consent of the parties as common issues are involved.

2. This appeal is directed against the interim order passed by the learned Single Judge in WPA No. 39 of 2022 (Smt B. Chandra Kala and Others vs. The Chief Secretary, A&N Administration and Others) with WPA No. 40 of 2022 (Shri Satyendra Singh vs. The Chief Secretary and Others) dated 24th August, 2022 wherein the learned Single Judge has directed the appellants herein to keep 15 posts vacant until disposal of the writ petition or until further orders of the Court whichever is earlier.

3. The interim order is in connection with the post of Junior Engineer. In the same order, learned Judge further directed that order passed in CAN/2/2022 shall be governed in WPA/40/2022 and the Administration is directed to keep one post of Surveyor vacant until disposal of the writ petition or until further order of the court whichever is earlier.

4. The respondents/writ petitioners have filed the writ petition No. 39 of 2022 praying for the following reliefs.

“(a) A writ in the nature of mandamus commanding the respondent authorities to regularise the services of the petitioners as Junior Engineers in the Zilla Parishad under the Directorate of RDI, Andaman & Nicobar Administration, against vacant sanctioned posts of Junior Enginers.

(b) A writ in the nature of mandamus directing the concernd authorities to grant equal pay for equal work of the ptitoners who are working at par with regular Junior Engineers of Zilla Parishad, PRI, Andaman & Nicobar Administration.

(c) A writ in the nature of mandamus prohibiting the concerned respondents from discontinuing the services of the petitioners as Junior Engineers in the Zilla Parishad, PRI, Andaman & Nicobar Administration till their services are regularised against the vacant sanctioned posts of Junior Engineers.

(d) A writ of and in the nature of Certiorari commanding the respondents to certify and transmit the papers relating to the instant case before this Hon’ble Court so that conscionable justice may be done by quashing any decision and/or action to discontinue the services of the petitioners.

(e) Rule NISI in terms of prayer (a) to (d) as above.

(f) An interim order be passed directing status quo of the service of the petitioners as Junior Engineers in the Zilla Parishad under PRI, Andaman & Nicobar Administration, till disposal of the writ application.

(g) Such further order or orders and/or direction or directions be passed as to Your Lordship may deem fit or proper.”

5. The writ petitioner in WPA/40/2022 prayed for regularisation of his service in the post of Surveyor and has prayed for similar relief.

6. Initially when the writ petition was moved on April 26, 2022, learned Single Judge had directed the parties to exchange their affidavits and also directed that the respondents/writ petitioners’ services shall not be disturbed till 31st July, 2022 or until further orders.

7. During pendency of the writ petition, the Andaman Public Works Department ( for short “APWD”) had issued vacancy notice for recruitment in APWD to Group ‘B’ (NG) vacant posts of Architectural Assistant, Assistant (Arch Dept.), Planning Assistant, Junior Engineer (Civil), Junior Engineer (Electrical & Mechanical), and Group ‘C’ vacant posts of Draughtsman-Grade-III(Civil), Draughtsman-Grade-III( Electrical & Mechanical) and surveyor proposed to be filled up in the APWD by conducting open recruitment examination.

8. From the said vacancy notice, 85 posts of Junior Engineer (Civil), 12 posts of Junior Engineer (Electrical & Mechanical) and 10 posts of surveyor are to be filled up including other posts which are not subject matter of this proceedings.

9. The respondents/writ petitioners in MAT/10/2022 claiming for their regularisation to the post of Junior Engineer and the respondent/writ petitioner in MAT/9/2022 is claiming for the post of Surveyor and accordingly, after the publication of vacanc