(1.) The writ of declaration is filed to declare the order issued in G.O.Ms.No.74 dated 27.6.2013 issued by the first respondent is Ultra Vires the constitution as violative of Article 14,16,21 and Directive principles in Articles 38 and 39 and directing the fourth respondent to regularize the services of the petitioners in the time scale pay with effect from the date of their initial appointment with all monetary attending benefits and service benefits by considering their length of service and in the light of Government orders passed in G.O.Ms.No.122 dated 11.06.2010, G.O(3d) No.112 dated 05.06.2013 and G.O.(2d) No.85 dated 15.06.2013.
(2.) The writ petitioners are working as Class-IV employees in various branches of Agriculture Department as daily wage employees. The petitioners state that they are working continuously as daily wage employees for more than 15 years. Thus, they claimed that they are entitled for regularisation and permanent absorption. The Government issued G.O.M.No.74, Personal and Administrative Reforms (F) Department, dated 27.06.2013 superseding the earlier order issued in G.O.Ms.No.22, dated 28.02.2006. Accordingly, certain conditions were imposed and on account of the conditions imposed in G.O.Ms.No.74, the writ petitioners are unable to get the benefit of regularisation and permanent absorption. Under these circumstances, the writ petitioners have chosen to challenge the Government Order issued in G.O.Ms.No.74, dated 27.06.2013.
(3.) The grounds raised in the present writ petition shows that the Government Order issued in G.O.Ms.No.74, dated 27.06.2013 is contradictory and the first respondent has no jurisdiction to get selective retrospective operations for certain clauses alone. As per the original Government Order issued in G.O.Ms.No.22 the daily wage employees, who have completed 10 years of services as on 01.01.2006, are entitled for regularisation and permanent absorption in the time scale of pay. Under these circumstances, the cases of the writ petitioners are also to be considered with reference to G.O.Ms.No.22, dated 28.02.2006 and the subsequent G.O.Ms.No.74, dated 27.06.2013 is liable to be declared as null and void.
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