J.M. Malik, J.- The facts germane to the case of the petitioners are these. The petitioners are working as Domestic Breeding Checkers/Health Workers with the Health Department of MCD since 1996 on daily wages/contract works in various specialised programmes like Anti-Malaria Operations and others at a consolidated sum and time as specified and declared by the respondent. MCD published a public notice dated 3.1.2006 mentioning that seniority list is being prepared by MCD on the basis of initial date of engagement of Domestic Breeding Checkers/Health Workers from 1977.

2. This Court vide writ petition titled Ashok Kumar and Ors. v. MCD and Ors. in W.P.(C) No. 476-97 of 2006 issued certain directions for preparation of seniority list. The respondent published seniority list dated 4.5.2006. However, the seniority list does not mention about the post of health workers. There is no sanctioned post for Domestic Breeding Checker but the post of Health Worker is a sanctioned post on which the respondent had been recruiting regular employees. The petitioners have been working at the post of Health Workers since 1996.

3. On 26.7.2006, the MCD required the petitioners to submit affidavit