The main legal point established in the judgment is that employees who fulfill the conditions for regularisation as per a Government Order are entitled to have their services regularised, and the termination of their service against such decision is unjustified.

B. Dikshit

1. By this writ petition the petitioners have sought a Writ of Mandamus for regularising the service of petitioners by commanding the respondents to treat the petitioners as in service and pay them the wages and other allowances as and when they fall due as employee of Nagar Palika Gopiganj, District Varanasi (hereinafter referred as Nagar Palika) besides quashing of the order dated 3rd August 1990.

2. Counter-affidavit and Rejoinder affidavit having been exchanged between petitioners and Nagar Palika Gopiganj, which is the main party against whom relief is sought, this writ petition is being disposed of at the admission stage under, the Rules of the Court.

The essential facts are that petitioners have been working with Nagar Palika on daily wages from different dates of the year 1984 and 1985. On 25th October 1989 the Government issued an order for Nagar Palikas that all these persons who have completed 240 days working in each of the preceding three years, will be regularised as per decision taken by the Government. The government asked Nagar Palika to send necessary information in respect of such employees. The Nagar Palika by letter dated 24/27-2-1990 submitted the list of its employees who worked for more than 240 days in a year. The name of all the petitioners appeared in that list. The list was submitted to the Government sometime in March 1990 for regularisation of employees working on daily wages. A communication was also sent by President of Nagar Palika to the State Government for regularising the services of petitioners. The President Nagar Palika subsequently went out of office while the two Vice-Presidents were restrained from functioning in place of President by this Court when the elected President went out of office As the two Vice-Presidents were also restrained from exercising power of President, therefore, the affairs of Nagar Palika were being looked after by the Sub- Divisional Magistrate, Gopiganj, Varanasi on behalf of the District Magistrate. The Sub-Divisional Magistrate Discharged functions of President on behalf of District Magistrate. On 3rd August, 1990 the Executive Officer of Nagar Palika issued an Office-Order directing all the daily wage employees to hand over charge which they held. This was done as the Octroi was abolished and all the surplus regular employees of Nagar Palika who were working with Octroi Department were to be accommodated. On 4th August, 1990 the Board of Nagar Palika resolved that as the Octroi stands abolished, therefore, the Nagar Palika was under financial crisis On account of this financial crisis the Board also resolved that all the daily wage employees' services were being terminated and the regular employees of Octroi were asked to do the work which was being done by daily wage employees. As soon as the petitioners learnt about such resolution a representation was made by petitioner Sher Ali to the President, Nagar Palika on 20th August, 1990. After said representation, on 28th August 1990 office submitted a report to the Executive Officer of Nagar Palika that petitioner was rendering service since 1985. In the report it was also mentioned that the Government was willing to accommodate all the petitioners and, therefore, petitioners be retained in service. The respondents did not yield to the request of the petitioners and the services of the petitioners were terminated. The petitioners then filed this petition challenging the termination of their services by Nagar Palika.

3. The question which arise for consideration on the basis of admissions made by learned Counsel for petitioners is that whether the petitioners are entitled for regularisation of their service in view of the Government Order dated 25th October 1989. The said order is to the effect that Government took decision that the services of all those employees of Nagar Palika, who worked for more than 240 days by 11th October 1989 in each of the three preceding years, will be regularised.