Hon’ble Devi Prasad Singh, J.—Special Appeals under Chapter VIII Rule 5 of the Rules of the Court are preferred against the judgment and order dated 18.4.2011, passed by Hon’ble Single Judge of this Court in Writ Petition No. 2630(S/S) of 2009 preferred by U.P. State Warehousing Corporation (In short, Corporation) whereby Hon’ble Single Judge has held that the matter could not have been referred by the Corporation to the State Government for approval of the decision taken by the Board of Directors with regard to regularisation of employees.

Since in all these special appeal, common question of facts and law is involved, they are taken together and are being decided by the present judgment.

Factual matrix of the controversy is discussed hereinafter :

2. The respondent petitioners are the employees of the Corporation working in different districts of the State of U.P. on the posts like Technical Assistant, Accountant, Group ‘C’ and Group ‘D’ posts. Through the impugned advertisement assailed before Hon’ble Single Judge, the Corporation took a decision to fill up the vacancies of these categories in view of fact that the State Government disapproved the Board’s decision to regularise the services.

3. According to the learned Senior counsel Mr. J.N. Mathur, appearing for the appellants, there are 784 sanctioned posts, out of which 27 posts are of Auditors, 1981 posts of Class-III category and 540 posts belong to Class IV category. 332 vacancies have already been filled up leaving 452 vacant posts. The total 1941 daily wagers are working in the corporation whose future is secured by the impugned judgment of Hon’ble Single Judge.

4. By the impugned advertisement, the respondents have advertised 146 vacancies of these categories out of which 83 persons have been selected. 146 posts contains 8 posts of Auditor, 55 of Assistant Accountant/Auditor and 83 posts belong to Class-IV category. The writ petitions were filed before the selection was held by the appellant. By an interim order dated 7.9.2009, the selection was stayed by this Court.

5. It is not disputed that the petitioners are working against substantive vacancies as daily wager or on contract basis since more than decade and are doing their duties to maintain godown, keep the foodgrains in safe custody, transport the foodgrains to railway stations and involved in uploading and downloading of goods. It is further asserted that the corporation is running in profit because of sweat and labour put in by the respondent petitioners and their associates. Further it has been stated by the respondents that the Board of Directors has extended all benefits which is available to regular employees which includes weekly holidays, national holidays and salary paid to them is enhanced at the interval of every six months. The salary is paid on monthly basis through cheque. Mere artificial break of two or three days at the interval of 89 days to some of the employees does not make a case to treat their services in discontinuation. It is further stated that the respondent petitioners and their associates are transferred from one place to other in the State of U.P to serve the corporation.

Hon’ble Single Judge noted that the respondent petitioners and their associates were appointed by the appointing authority prescribed under the Regulations and statutory provisions. It is further asserted that the impugned advertisement is without approval of the Board of Directors. With regard to vacancies and advertisement, Hon’ble Single Judge has observed as under :

“As on 1st of April, 2010 against the total sanctioned strength i.e. 2140, the total 1491 employees are working and 649 posts are still vacant. For the post of Technical Assistant, 19 posts are sanctioned, against which 17 persons are working and two posts are vacant. In class IV employees total sanctioned posts are 540, against which 340 employees are working and 200 pots are vacant. For the post of typist, total sanctioned posts are 15