U.B. Saha, J.

1. The petitioners, 14 in number, working as casual/contingent workers under the Tripura Assets of the Oil and Natural Gas Corporation Ltd. (for short 'ONGC') filed the instant writ petition praying for issuance of a writ in the nature of mandamus directing the respondents to absorb them in regular Class-IV posts since they have been working in the said capacity from 1988 and 1989 and also for direction to the respondents not to fill up the regular vacant Class IV posts without absorbing them.

2. Heard Mr. K.N. Bhatacharjee, learned senior counsel, assisted by Mr. D. Sharma, learned Counsel for the petitioners and Mr. S. Deb, learned senior counsel, assisted by Mr. R. Dagupta, learned Counsel for the respondents.

3. As proposed by and as agreed to by the learned Counsel of both sides, this writ petition was taken up for final disposal of the admission stage itself.

4. The facts, in a nutshell, required to be noted for disposal of the writ petition are as follows:

The petitioners are casual/contingent workers as stated supra and they are regulated by and under the Standing Orders of the ONGC. They have been performing technical jobs and thus have gained experience similar to that of regular works by elapse of time. Considering the fact that the petitioners have been serving as contingent/casual workers under the respondents, most of them being appointed in the year 1988, one being appointed in 1989, the Manager (HR), respondent No. 2 herein published a list of contingent workers on 21.5.2009 indicating their date of engagement, educational qualification and the nature of work they have been performing. Except for the purpose of their service condition and salary they have been performing the duties of such regular employees who have been receiving regular scale of pay. A statement showing the seniority of the contingent workers under the respondents was forwarded by the Chief Manager (IR) to the Manager (IR), ONGC by a letter dated 5.2.1998 (Annexure-2 to the writ petition) wherein among the 38 contingent workers, the names of the petitioners are also figured. On 25.9.1999 a meeting was held between the ONGC Din Majdoor Union of which the petitioners are members and the Director (Pers) and in that meeting the matter of regularization of the aforesaid 38 contingent workers was discussed, in that meeting the Director (Pers) informed that all the contingent workers have to increase their educational qualification in their respective area of works to be absorbed in the regular post, a contingent worker atleast must be a matriculate. It was observed that from the list submitted by the Union only 8 contingent workers are having desired qualification. Hence all the contingent workers were advised to join the classes and clear their Madhyamik examination at the earliest. The Director (Pers) further stated that the proposal of creation of posts had been received and it was in the process. It was expected by the Director (Pers) that some posts for contingent workers might be created and as per MRPR-80 the authority might recruit the contingent workers. However, it was clarified that no educational qualification would be relaxed. After detailed discussion, the Director (Pers) informed that 20 numbers of posts for contingent workers would be created by 2000 and by 2001 almost all contingent workers were likely to be absorbed in regular posts. Thereafter, from 38 contingent/casual workers, 20 have been absorbed out of which only 8 have the desired qualification and rests are similar to that of the petitioners. Out of the unabsorbed 18 contingent workers including the petitioners, two are no more in the world and another two persons namely. Sri Gopal Deb, and Dilip Deb refused to join with the petitioners as they got assurance from the authority that they would be absorbed. Though the bio-datas of the petitioners were sent to the Headquarters for creation of 23 posts for regularization of the remaining contingent workers and