The fair criteria for regularization should be based on total length of service/seniority, and the proper consideration of qualifications for the cadre of class IV employees.

ORDER :

These writ petitions are taken up for consideration together. The question involved in the writ petitions pertain to regularization of the services of the petitioners as an LDC/Peon/Carpenter/Sanitary Inspectors in the Jawaharlal Nehru Krishi Vishwavidyalaya (hereinafter referred to as "Vishwavidyalaya").

2. It is not in dispute that decision was taken by State of M.P. to regularize the services of the daily wage employees working on 31-12-1988 acting on policy decision the Vishvavidyalaya also resolved to regularize the services as Lower Division Clerks and Peons. The petitioners were appointed in different writ petitions on the following dates noted against their names :-

3. In W. P. No. 639/97 Kishan Prasad Mishra petitioner No. 1 possess graduation and English /Hindi Typing examination certificate. Petitioner No. 2 S. L. Sharnagat is 11th pass and possess Hindi/English typing certificate. Both were appointed as casual labour. They were working as Peons; their services were appreciated. The petitioners submit that six junior were regularized; they represented but in vain. The petitioners claim similar treatment with other employees and also regularization as an LDC. In the rejoinder petitioners submit that they have been discriminated with as juniors have been regularized as Peon they have not been regularized even as Peon which is grossly unjust and arbitrary. Juniors namely Hridayanand Singh, Shri B. S. Rajput, Shri Ram Kumar Chorey, Smt. I. Sharma, Shri A. K. Awadhiya, Shri K. L. Bhariya were regularized.

4. In W. P. No. 2703/98 Shri Pancham Singh Thakur is M. A. in Hindi, he also possess Hindi Type writing certificate P/2; he was working in Security Department as Class-IV employee. The respondents have regularized 10 Peons on 18-2-1993 as per order P/7. Juniors have been regularized which is in violation of Article 14/16 of Constitution of India. Petitioner claims regularization as Peon with effect from 18-2-1993 and/or as an LDC as he is qualified for that post. Respondent 3 Shakeel Ahmed a junior appointed on 3-8-1983, respondent No. 4 Ram Kishore Chourey appointed on 1-2-1984, respondent No. 5 Gouri Shankar appointed on 12-9-1983 and respondent No. 6 Smt. Aruna Gopal appointed in June 1983 were regularized as Peons whereas petitioner who was working with effect from 17-5-1978 was discriminated with.

5. In W. P. No. 3382/98 Kodulal Vishwakarma is 5th class pass; he has successfully cleared carpentry training; ho was appointed in the year 1981 as daily wage carpenter. On 8-5-1990 he was granted pay scale of Rs. 725-900. He was not paid for work of Carpenter. One post of Carpenter is lying vacant. He is rendering duty of full time Carpenter. But being paid salary of Peon not that of carpenter. Other juniors were regularized as Peon. His case has not been considered.

6. In W. P. No. 5677/98 Rajendra Singh is working as Carpenter w.e.f. 3-9-1984. He is being paid salary of Class IV employee. Respondents 4 to 6 were regularized as Peon then regularised/absorbed as an LDC. Petitioner claims regularization as Carpenter or in any case at least as Peon.

7. In W. P. No. 5678/98 Sampat Lal Tripathi is working with effect from 1-11-1985 as Sanitary Inspector/Supervisor the work of an LDC was also taken from him. He possess qualification required for an LDC; he is 11th pass and possess typing certificate. He claims regularization as Sanitary Inspector/LDC; respondents 6 and 8 were junior to the petitioner we