JUDGMENT :

S. Hukato Swu, J.

1. This is a writ petition filed under Article 226 of the Constitution of India for the enforcement of the petitioner's fundamental rights by the petitioners who have been appointed as Drivers on contingency basis in the Planning and Co-ordination Department on fixed monthly wages by orders dated 4/7/2002, 7/9/2005, 16/5/2006, 1/7/2008, 17/7/2008 and 13/1/2009 respectively. After some time the petitioners were given scale pay in different dates in the pay band of Rs. 5200-20,200 with grade pay of Rs. 1800/- per month. Having served for several years in the Department, the petitioners in the hope that their services will be regularized in the near future in terms of the Office Memorandums dated 17/3/2015, 22/9/2004 and 6/6/2016 kept serving the Department continuously. Thereafter, 3 posts of Drivers felt vacant one being vacated by Shri Kalu Dholi Sonar, Driver on 30/6/2018, second post of Driver fell vacant on 25/5/2018 on the demise of Shri Dhan Bahadur Gurung and the third fell vacant on 30/10/2019 due to the retirement of Shri K.B. Chetri, Head Driver. The petitioners were of the view that their case for regularization would be considered. However, the respondent No. 3 by an order dated 3/7/2019 appointed the respondent Nos. 3 and 4. Being aggrieved, the petitioners filed their representation dated 2/9/2019 and subsequently issued legal notice dated 7/11/2019 upon the respondents. However, their representations were not considered. Thus, situated, the petitioner is before this Court praying for issuance of writ of certiorari or mandamus or any other appropriate writ to quash and set aside the impugned orders No. PLN-950/2000(Pt-I) dated 3/7/2019 annexed as Q1 of the petition and Order No. PLN/M-156/93(Pt-1) dated 3/7/2019 annexed as Q2 of the writ petition and to direct the respondents to consider their case for regularization against 67% of the 3 existing vacancies in terms of the scheme for regularization of work charged and casual employees which is contained in the Office Memorandum dated 17/3/2015 and 22/9/2004. The said Office Memorandums are quoted here below:-

"Government of Nagaland

Personnel and Administrative Reforms Department

(Administrative Reforms Branch)

*****

No. AR-3/GEN-201/2009

Dated, Kohima, the 17th March, 2015

OFFICE MEMORANDUM

Sub: Scheme for regularization and absorption of Work-Charged and Casual Employees and Revision of Pay/Wages.

On due consideration of the Report of Work-Charged and Casual Employees Commission and in compliance with the Judgment and order of Hon'ble High Court, the Governor of Nagaland is pleased to introduce the following schemes for regularization and absorption of Work-Charged and Casual employees and revision of their pay and wages subject to conditions indicated here under:

1. Regularization in service:

(i) All existing work-charged and casual employees of various Departments who are enjoying scale pay and who have completed 30 (thirty) years or more continuous service as on 01.01.2015 will be regularized by conversion of their posts into regular ones personal to them and subject to fulfillment of conditions as indicated below:

(a) The incumbent concerned and his/her service rendered as work-charged/casual employee have been duly verified and found genuine by the District Level Verification Committee constituted by the Government

(b) Availability of service records including appointment order, date of initial appointment, proof of length of service/age etc.

(c) Their suitability for continuation in service to be recommended by the Heads of Department concerned.

(d) The post occupied by them on regularization shall automatically stand abolished as and when they vacate the post on retirement, resignation, death etc. The strength of work-charged and casual employees under various Departments shall stand reduced by equal number concurrently with the regularization of such employees. No fresh appointment shall be made against these posts.

(e) On regularization in se