P.P. Bhatt, J.

1. The petitioners, by way of the present petition under Article 226 of the Constitution of India, have prayed for issuance of an appropriate writ/order directing the respondent No. 1 to regularize the services of the petitioners in the statutory sanctioned pay-scale applicable to the Drivers with the respondent No. 1. It is further prayed that the respondents may be directed to pay the petitioners all consequential and incidental benefits with effect from the date of their initial appointments.

2. The present petition was filed by the two petitioners out of them, petitioner No. 2-Vasudev P. Patel has died during the pendency of this petition and his legal heirs are brought on record.

3. The brief facts giving rise to the present petition are as under:

3.1 As there were vacancies for the post of Drivers with the respondent No. 1, the petitioners were called for interview and after taking driving test. etc. the petitioners were selected as Drivers in February-1996 and initially for about two years, the petitioners were given salary of Rs. 2,000/- per month on vouchers and thereafter, on 05.08.1998, the petitioners were given appointment letters to work as Drivers on contract basis for a period of six months at a monthly salary of Rs. 2,500/- per month. Thereafter, the petitioners were given another appointment letter on 06.01.1999, whereby the petitioners were appointed as Drivers at Rs. 2,500/- per month for the period from 01.01.1999 to 30.06.1999. Thereafter, by letter dated 21.06.1999, the period of appointment of the petitioners was extended from 01.07.1999 to 31.12.1999. Thereafter, on 12.01.2000, the petitioners were again given appointment letter for a period of six months. Thus, the petitioners have been given extension upto 28.02.2004, but thereafter, the petitioners have not been given any appointment letter. Since the petitioners were having apprehension of termination, the petitioners have approached this Court by filing the present petition.

4. After preliminary hearing of the present writ petition, a notice was issued upon the respondents and in the meantime, the respondents were restrained from terminating the petitioners from the services. Thereafter, the matter came to be admitted vide order dated 28.12.2004 and interim relief granted earlier was ordered to be continued till disposal of the petition.

5. It is the case of the petitioners that they are possessing requisite qualification for the post of Drivers. The petitioner No. 1 has passed 12th Standard Examination and the petitioner No. 2 has studied upto 10th Standard. The petitioners are having a valid driving licence and fulfilling all requisite eligibility criteria for being selected to the post of Drivers. It is the case of the petitioners that they have discharged their duties for about 18 to 19 years regularly and the respondent-authorities had given assurance to the petitioners that their services will be regularized, but no steps have been taken by the respondent-authorities to regularize the services of the petitioners. Now the petitioners have become age-barred and they will not get job in any place in the Government or Semi Government Organization.

6. Mr. Yatin Oza, learned Senior Advocate appearing with Mr. B.P. Gupta, learned advocate for the petitioners submits that the petitioners were appointed after following due process of selection and they were called for interview by the Selection Committee, and thereafter, appointed on the post of Drivers as they were satisfying eligibility criteria described for the post of Drivers. It is further submitted that initially the petitioners were given appointment orders for a period of six months, but such orders were given from time to time till February-2004. The petitioners have continuously worked for more than about six years when the petition was filed by them. It is further submitted that the petitioner No. 2 has died during the pendency of this petition, and therefore, his legal