Madan Lal & ors vs State & ors

Going by the nature of relief sought for and with the consent of learned counsel for the parties, the present writ petition is admitted to hearing

and same is taken up for final disposal.

Counsel for the petitioners needs to amend the prayer in future and not mixed the facts with the relief.

The petitioners by way of present writ petition seek the following reliefs in the nature of mandamus:-

(I) Commanding the respondents No.01 and 02 to convert/treat the petitioners as PDL/TDL upon regularization under the Head 363-Outsourcing

of Up-keep in the Power Development Department on the analogy and principle on which the juniors of the petitioners have been provided;

(II) Commanding the respondents to release the un-paid salary of the petitioners; &

(III) Commanding the respondents to reflect the petitioners in order of seniority in the list of PDLs( Upon regularization) while taking into account

the fact that the petitioners have been performing their duties for the last 18, 10, 09 and 07 years respectively uninterruptedly, on the analogy and

principle on which such facility/benefit came to be provided to many other similarly situated persons/employees in the Power Development

Department including their juniors.

Learned counsel for the petitioners states that the petitioners claim to be working in Power Development Department for more than decade in

respect of two petitioners and 7 & 9 years in respect of two other petitioners. Leaned counsel further states that the petitioners have not been

made as Permanent Daily Labourers/Temporary Daily Labourers and continued to be in suspended animation. They are seeking indulgence of this

Court to issue a mandamus so that they should be brought at par with other Permanent Daily Labourers/Temporary Daily Labourers. Learned

counsel relies upon certain orders passed in respect of the similarly placed workers as that of the petitioners herein.

Today when the matter is taken up, Mr. Siddiqui, learned Sr. AAG, states that the Government has considered the plight of such employees and

issued SRO 520 dated 21.12.2017 whereby the scheme has been framed to regularize the employees. He further states that the case of these four

petitioners will also be considered in light of the said scheme as may be applicable.

In this view of the matter, the writ petition stands disposed of directing the official respondents to accord consideration to the claim of these four

petitioners in terms of SRO 520 dated 21.12.2017 at the earliest, preferably within a period of twelve-sixteen weeks from the date of receipt of

certified copy of this order.

In the meanwhile, if the petitioners have already discharged the duties and are entitled to salary, then their unpaid salary shall also be released

forthwith.

Writ petition alongwith connected MP stands disposed of as above.