( 1 ) WRIT petitions in the 6 captioned petitions epitome a similar story and therefore must have a common epitaph. All writ petitioners hold Class IV posts under the Municipal Corporation of Delhi. In February 1999, the Municipal Corporation of Delhi (MCD) proposed to levy Toll Tax on all commercial vehicles entering the Municipal Limits of M. C. D. The proposal was implemented.

( 2 ) PERSONS were needed to collect the Toll Tax. Pending creation of permanent posts and thereafter filling the same on permanent basis, MCD resolved to divert some of its existing employees to carry out and perform various duties connected with levy and recovery of Toll Tax. From different departments of MCD persons were posted in the Toll Tax Department in diverted capacity .

( 3 ) PETITIONERS who were working as Class IV employees in different departments of MCD were transferred and posted in the Toll Tax Department in diverted capacity and were designated as Toll Tax Collectors. In the orders, posting the petitioners in diverted capacity as Toll Tax Collectors, following was stipulated:-

"further these officials are hereby designated as Toll Tax Collector (TTC s) and will work on their own pay scales till the posts are filled up on regular basis by way of creation of posts and settlement of service conditions of Toll Tax Collectors. "

( 4 ) PETITIONERS are all graduates or Senior Secondary Pass. Following duties were assigned to them:-

"1. TO carry out the duties assigned to them by the officers and follow up the instructions/orders and procedure as prescribed from time to time under Delhi Toll Tax Rules and Delhi Municipal Corporation Act. 2. To prepare the Toll Tax Receipts/monthly Passes. 3. To keep watch on peons that they perform the duty regularly and attentively and also see that they do not accept an illegal gratification or harass the transporter etc. (where the TTC is barrier incharge) 4. To maintain and keep various registers as prescribed for different purposes in proper order. (Where the TTC is barrier incharge ). 5. To return all the papers received from Head Quarter after compliance within 3 days of the receipt and also send the copies of inspection notes of higher authorities in which some defects have been pointed. These papers should be sent to Head Quarter duly signed by HC/tti through the Dak Book maintained at the barrier. (Where the TTC is barrier incharge ). 6. Any other duties that may be assigned to him by his senior officers. 7. To prepare daily challans of the Toll Tax Books in accordance with the procedure laid down and also to. 8. To take/hand over proper charge of cash and TT Books in good condition. 9. To ensure that all TTRs/monthly passes as taken under his charge as used and blank ones are in serial order and that they are intact and no receipt is missing. 10. To ensure that no private individual is permitted to sit on the Municipal land near the TT Posts. 11. At the barrier where the TTCs are incharge of the barriers they will keep proper account of the TT receipt books, they will also discharge the duty of ensuring that all the property and registers maintained at the Posts are being properly kept/maintained. 12. They will see that the staff posted at the barrier working under them is in uniform. "

( 5 ) PETITIONERS claim that as Toll Tax Collectors they were performing duties which are performed by Class III employees i. e. Lower Division Clerks. Petitioners claim that they were assured that they would be regularized as Class III employees. Petitioners state that earlier on, M. C. D. was levying Terminal Tax on good entering the Union Territory of Delhi and work assigned to the petitioners as Toll Tax Collectors was similar to the work performed by Terminal Tax Collectors when Terminal Tax was being levied and collected. Pay scale of Terminal Tax Collectors was same as LDC. Petitioners, therefore, claimed same pay i. e. pay of LDC post.

( 6 ) PETITIONERS allege that on 1. 12. 2000, the Com