Point of Law: Petitioners have not been paid for the period to which the work has been offered by the petitioners, it would be appropriate to direct the respondent authorities together the details with regards to the non-payment for the period of service rendered by the petitioners under respondent no.4-Medical Officer or through the respondent no.5-Balaji Security & Manpower Service and the same be paid to the petitioners within a period of three months from the date of receipt of this order

JUDGMENT :

1. This petition under Article 226 of the Constitution of India is filed with a prayer to regularize the services of the petitioners by considering the services of the petitioners to have been regularized upon completing stipulated period of service and grant revised pay-scale from the date on which the petitioners are entitled to be absorbed as regular employees.

2. Learned advocate for the petitioners submitted that four petitioners before this Court were appointed on various dates, respectively to work in the Primary Health Center at Village: Munpur and were paid monthly remuneration of Rs.900/-, which was enhanced from time to time. The appointment given to each of the petitioner was renewed from time to time and though the petitioners have been in service since 1995, the petitioners were entitled to be absorbed as regular employees after having completed 5 years of service and entitled to the pay-scale which is paid to the other Class-IV employees of the State.

3. Learned advocate for the petitioners submitted that the petitioners were entitled to the benefits of Government Resolution issued by Finance Department dated 01.05.2007 and 16.02.2006, wherein upon completion of 5 years, if the services of the petitioners were found satisfactory, the petitioners were entitled to automatically regularization of service and regular pay-scale.

4. It is submitted that the petitioner no.1 completed his 5 years of service in the year 2001 and petitioner nos. 2 to 4 completed their 5 years of service in the year 2013. Despite this, the petitioners have not been given the benefits. It is submitted that the great injustice is meted out to the petitioners, as though the petitioners were entitled to regularization in their services instead to the shock and surprise and behind the back of the petitioners, the petitioners are now being employed through an agency to which the work carried out by the petitioners has been outsourced. It is submitted that to oppose this decision, the petitioners had also approached its Union and Union at various level has made representations about the case of the petitioners, but none of the authorities has taken any decision.

5. It is submitted that in the petition the notice came to be issued by order dated 25.02.2019 and parties were ordered to maintain status-quo. The petitioners have thereafter, filed Civil Application with a prayer as under:-

“5 (A) Admit and allow this application.

(B) Direct and order that the concerned respondents mainly the respondent no.1 to 4 to pass urgent specific appropriate orders for continuation of the applicants/petitioners in their services on their respective posts with regular payment of their salary since April-2019 in order to comply with the orders of this Hon’ble Court at Annexure-A/1 and A/2 to this application and to stay fresh recruitment and/or deputation by way of outsourcing and/or transfer of persons in place of the applicants/petitioners upon their respective posts, and

(C) ….”

6. In the Civil Application, it is contended that though this Court had granted status-quo order, without complying with the said order for continuation of services of the petitioners and payment of their salaries, the petitioners were informed in mid September-2019 that they have been recruited in the Department only through new contract labourer, as the contract with the earlier contractor was already over. It is, therefore, submitted that the respondents have committed breach of order of status-quo granted by this Court.

7. In the Civil Application the petitioners have relied upon the decision of this Court rendered in the group matters i.e. Special Civil Application No.7462 of 2012 & allied matters in support of their contention that persons, who are employed by the State Government for a long period then they should be given the benefit of being treated as regular employees. The petitioners have also relied upon the decision of the Division Bench of this Court passed in LPA preferr