Tarlok Singh Chauhan, J)

Since common questions of law and facts arise for consideration, therefore, this batch of writ petitions are taken up together for hearing and are being disposed of by common judgment.

2. The Government of Hiamchal Pradesh, Department of Panchayati Raj issued Notification No.PCH-HC(1)-5/2000 dated 21.10.2000, whereby it issued guidelines for engaging Technical Staff in the Gram Panchayats for the execution of developmental works. As per this notification, the scheme envisaged was applicable for all over the State and was to provide employment opportunities to those unemployed persons who otherwise were qualified in various trades like Junior Engineers/Surveyors/ Draftsman etc.

3. The petitioners were eligible and participated in the selection process and ultimately were appointed as Technical Assistants (Takniki Sahayak) in the respondent department on contract basis. The petitioners initially at the time of appointment were paid fixed honorarium of Rs.1200/-per month and apart from this they were also being paid commission at the rate as prescribed by the respondents department from time to time. As per terms and conditions of this notification, the petitioners were required to work only for 4 hours a day.

4. On 18.2.2005, the respondents issued another notification superseding the notification dated 21.10.2000 and formulated a new scheme for engaging Technical Assistants in the Gram Panchayats. The eligibility of qualification was fixed as degree/diplomas in Civil Engineering from recognized institution. It was further provided that all the persons appointed under the scheme of 21.10.2000 shall also be eligible, if otherwise qualified. It was further provided that Technical Assistant ( Takniki Sahayak) was to be paid 2% of the cost of each work as service fee and the same would be paid in two installments i.e. one on the completion of 50% of the work and final installment at the completion of the work.

5. The State Government in supersession of Notification dated 18.5.2005, issued yet another Notification dated 7.4.2008, whereby once again new scheme was formulated for engaging Technical Assistant (Takniki Sahayak) for Gram Panchayats. Now as per this scheme, the Takniki Sahayak were required to ensure quality and cost effectiveness of civil works being carried out and executed by the Gram Panchayats under National Rural Employment Guarantee Scheme and all other development works in the State of Himachal Pradesh. In this notification, the Takniki Sahayak were given powers to accord technical approval and assessment of work of Rs.1,50,000/-. The service fee for the works upto Rs.50,000/- was fixed at 2% and thereafter 1.5% upto Rs.1,50,000/-.

6. The State vide notification dated 25.8.2012 enhanced the minimum fixed monthly amount payment to the petitioners from Rs.4,000/- and Rs.5,000/- to Rs.5500/-. Besides this, the rate of the commission for works upto Rs.1,00,000/- was fixed at the rate of 2%, works upto Rs.2,00,000/-at the rate of 1.50% while the works of above Rs.2,00,000/- the commission was fixed at the rate of 1.25%.

7. In September, 2012, the respondent-State issued Notification whereby it was decided to pay Rs.240/- per day to the Technical Assistants who had completed 10 years of service. Another change brought in this notification was that the services of the petitioners from the status of “contract employee” was converted to that of “daily wager”.

8. Now, the claim of the petitioners is that despite having been engaged on contract basis from the year 2001 onwards, their services were required to be regularized as per existing policy of the State Government but instead of regularizing their services the same had been converted as aforesaid. The petitioners claim that no doubt as per notification dated 21.10.2000 they had to work only for four hours but thereafter this notification was superseded by notification dated 18.2.2005 and thereafter the petitioners are working on contrac