JUDGMENT :

1. Heard Dr. L.P. Misra, learned counsel for the petitioners and Sri Pankaj Khare, learned Standing Counsel for the State-respondent.

2. By means of the present writ petition, the petitioners have prayed as under :-

"[a] To issue a writ, order or direction in the nature of mandamus commanding the Opp-parties to frame a scheme for absorption of the petitioners as Class-IV employees in U.P. Civil Secretariat against the sanctioned and vacant posts on which they are working from the date of their initial appointment as Class-IV employees.

[b] To issue a writ, order or direction in the nature of mandamus commanding the Opp-parties to make payment of salary to the petitioners in the minimum of the basic pay as per revised pay scale w.e.f. 01.01.2006 along with other admissible benefits including arrears thereof.

[c] To award the cost of this petition in favour of the petitioners.

[d] To issue any other writ, order or direction which this Hon'ble Court deems just and proper in the circumstances of the case.

[e] issue a writ, order or direction in the nature of certiorari thereby quashing the impugned order dated 11.5.2010. contained as (annexure no. 40)

[f] issue a writ, order or direction in the nature of mandamus commanding the opposite parties to pay salary to the petitioners as per revised pay-scale from 1.1.2006 i.e. from the date it is being paid to the regularly appointed group-D employees of U.P. Secretariat. The opposite party no. 3 may further be directed to make its contribution into the provident fund account of the petitioners.

[g] prayer deleted

[h] Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to extend all the service benefits arising out from the absorption of the petitioners as Group-D employees from the date of their initial appointment including the services rendered by the petitioners ass the employees of Uptron notwithstanding the absorption order dated 04.04.2012 issued pursuant to Notification dated 20.11.2011."

3. Facts in nutshell are that Uptron India Limited was established as a subsidiary company of U.P. Electronics Corporation which is directly controlled by the department of I.T. and Electronics, Government of U.P. It was engaged in the designing and manufacturing of electronics goods and up to the year 1991, the company was running into profit but all of a sudden, it received financial loss and on 20.6.1994, it was declared as a sick unit and referred to BIFR.

4. The petitioners of the present writ petition were appointed in the said company against the sanctioned and vacant posts after following the due procedure of law in the years 1982, 1983, 1984, 1985, 1986 and 1987 after qualifying the written examination followed by interview.

5. The Cabinet took a decision to close all the units of the company except the consultancy division and on account of its closure, the petitioners as well as other employees became unemployed due to closure of work. A government order dated 11.11.1998 was issued, providing therein that the employees of the sick units may be appointed on contract basis against the available posts in the government departments/establishments/institutions. On 1.12.1988, a decision was taken in the Cabinet meeting in regard to closure of Uptron as well as adjustment of its employees.

6. Government order dated 22.12.1998 was issued, directing all the government departments/establishments/institutions for adjustment/appointment of the Uptron employees as per the availability of vacancies. Pursuant to the aforesaid policy decision of the State Government, a memorandum of agreement was signed between the respondent Nos.3 and 4 and it was decided that the petitioners will be appointed as Group-D employees in the U.P. Civil Secretariat on contract basis.

7. A letter was issued on 23.7.2009, directing the petitioners to submit their joining report as Class-IV employees. Thereafter, the petitioners, since the dates of their respective appointments in U.P. Ci