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