ORDER :

Sonia Gokani, J.

This group of petitions since involve identical questions of facts and law, they are being decided by this common judgment and order. Facts in capsulized form, necessary for the purpose of adjudication of the issue, are drawn from Special Civil Application No. 11441 of 2012. The petitioners were appointed by the Malaria Health Department in the year 1994 and they continued to work with artificial breaks in service and since the year 2006, they are working continuously without break in service. A circular came to be issued on 31st July 2010 wherein the Corporation invited applications from those employees working in Class IV who had successfully completed atleast one year of service as on 30th June 2010 for preparing a select list for permanent post of Sahayak on two years' probation.

2. It is the say of the petitioners that they are paid a meager amount per month for the services rendered as a part time employees and in the monsoon seasons, the petitioners services are taken as full-time daily wagers. It is the say of the petitioners that their service have been extended from time to time on issuance of the circulars which are dated 12th April 2010; 6th May 2010; 27th May 2011 and 6th July 2012. It is also averred that they are possessing Identity Card issued by the Corporation and they are also sent for other work like election duty, etc. Some of the petitioners are Graduate, having qualification more than required for the services. It is the say of the petitioners that despite the requirement of the Corporation, they have not been regularised in service. They all have been working sincerely for more than eighteen years approximately, and therefore, there is a need to regularise their services and allow them all benefits; including those which are flowing from 6th Pay Commission. In essence, what has been sought is to regularise them in service for they having completed 5 years' and 900 days.

3. Following are the prayers sought for-

"[A] Your Lordships may be pleased to admit and allow the present petitions;

[B] Your Lordships may be pleased to issue a writ in the nature of mandamus or a writ in the nature of mandamus or any other appropriate writ, order and/or directions directing the respondents to absorb the petitioners with all consequential benefits from the date of appointment;

[C] Your Lordships may be please to direct the respondents to consider the petitioners as regular employees and give all consequential benefits of regular employees be granted to the petitioners;

[D] Your Lordships may be please to declare the action of the respondents of not regularizing the petitioners is arbitrary, discriminatory and against the law;

[E] Pending the hearing and final disposal of this petition, Your Lordships may be pleased to restrain the respondents from terminating the services of the petitioners and further direct respondents to continue services of the petitioners;

[F] Your Lordships may be please to give benefits of Circular dated 05.05.2010 to the petitioners;

[G] Your Lordships may be pleased to pass such other and further relief/s as may be deemed just and proper in the facts and circumstances of the case in favour of the petitioners in the interest of justice."

4. In affidavit-in-reply, the Corporation has denied of petitioners having worked with artificial breaks for all these years. It is also denied that the office order dated 5th July 2010 of Solid Waste Management & Conservancy Services purports to bear the eligibility for regularization or absorption, as contended by the petitioners with the intention that a deliberate suppression made by the petitioners with respect to their services as daily wage employees. It is further the say of the respondent that Special Civil Application No. 5019 of 2001 and allied cases were instituted by some of the workmen wherein a settlement was arrived at but the same is in respect of only those daily wagers who had completed five years' and 900 days service as full-ti