JUDGMENT :

ANAND SHARMA, J. 

1. This batch of writ petitions has been filed by the petitioners invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, in the matters relating to recruitment on the post of Class-IV Employees initiated vide advertisement dated 31.12.2010. With the consent of parties, all the writ petitions were heard together and are being decided by this common judgment in following manner:

S. B. Civil Writ Petition N o. 15084/2016 :

2. In this writ petition, petitioners have laid a challenge to the provisional select list dated 14.10.2016 and the consequential appointment orders dated 27.01.2017 issued for recruitment to the posts of Class-IV Employees in the Government Secretariat, State of Rajasthan. The petitioners have also sought consequential directions for their appointment by grant of bonus marks and in the alternative, they have prayed for regularisation of their services and other ancillary reliefs.

3. The facts, in brief, are that the petitioners were engaged between the years 2003 to 2008 as Class-IV Employees/Safai Karmcharis in the Secretariat through contractors on daily wage basis. It is their case that they have continuously worked for long durations and have been discharging duties identical to those performed by regularly appointed Class-IV Employees. Experience certificates dated 18.04.2013 were issued to them by the competent authorities showing their period of engagement.

4. The State Government issued an advertisement dated 15.01.2011 (revised subsequently) for recruitment to Class-IV Employees posts. The petitioners, being eligible, applied and appeared in the interview process. It is the grievance of the petitioners that despite having more than five years of experience, they were not granted bonus marks as per the Cabinet decision dated 19.02.2013/01.03.2013 and the directions flowing from earlier litigation culminating in the judgment of the Hon’ble Supreme Court dated 03.08.2016. Consequently, their names did not find place in the provisional select list dated 14.10.2016.

5. It is further pleaded that similarly situated persons were granted bonus marks for having experience of the similar nature qua the petitioners and by virtue of getting bonus marks, they were appointed on the post of Class-IV Employees, whereas the petitioners were denied such benefit on the ground that they were not parties to earlier litigation or that their service record was not available, which according to them is arbitrary and discriminatory. The petitioners have also placed reliance on subsequent developments, including police investigation confirming the genuineness of their experience certificates and have asserted that they continue to work even as on date through contractors.

6. Replies to the writ petitions have been filing by the respondents to oppose the writ petitions, contending therein that the recruitment process was conducted strictly in accordance with the applicable rules and the directions of the Hon’ble Supreme Court on the basis of settlement between the employees union/ individuals and the respondent-Government. It is contended that bonus marks were awarded only to those candidates, who were parties to the earlier litigation and fulfilled the criteria laid down pursuant to the Cabinet decision, i.e., completion of requisite years of service as on the date of advertisement and availability of supporting official record.

7. It is further asserted in reply to the writ petition that the petitioners were not granted bonus marks as there was no verifiable official record available in the Secretariat regarding their continuous service and the experience certificates relied upon by them were not issued from official records. The respondents have denied any arbitrariness or discrimination and contended that the selection process has attained finality, appointments have already been made, therefore, no interference is warranted at this belated stage.

8. Mr. Hars