MUKESH AGRAWAL Vs. MERRUT DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THESE four writ petitions have been filed by 17 Assistant Engineers, one Assistant Architect and 55 Junior Engineers, working under the Meerut Development Authority (hereinafter referred to as M DA), for writ in the nature of mandamus directing the Respondents, namely, the State of U.P M.D.A. and their officials, to regularise their services and not to terminate their services on any ground.

(2.) THE M.D.A. has filed counter -affidavit and the, Petitioners have filed rejoinder -affidavit in reply thereto. I have heard Sri A. KYog and Sri Sunil Ambwani, Learned Counsel for the Petitioners and Sri Bhupeshwar Dayal, Learned Counsel for M.D.A. and the learned Standing Counsel appearing for the State.

(3.) IT appears that some Assistant Engineers and Junior Engineers, working under Ghaziabad Development Authority, on the basis of daily wages, filed writ petitions before Supreme Court for appropriate directions for regularisation of their services. Supreme Court by its order dated 21 -2 -1991 directed the authority to take step through the State of U.P. for regularisation of the services of the Petitioners therein. The authorities were, however, given liberty to screen those Petitioners in regard to their qualifications, as also suitability, subject to the condition that at the time of regularisation the period spent on duty shall be adjusted against age prescription and public Service Commission would take into account the past service to consider, if any weight age should be given. This order was modified by the Supreme Court subsequently by its order dated 4 -9 -1991. The order dated 4 -9 -1991 passed by supreme Court, is quoted below: