S.B. Sinha JUDGMENT
S.B. Sinha, J.
1. These appeals arise out of the judgments and orders dated 9.11.2000 and 20.11.2000 passed by the High Court of Karnataka at Bangalore in Writ Appeal Nos.2756-57 of 2000 and 2759 of 2000 respectively whereby and whereunder the appeals preferred by the Appellants herein against the orders dated 14.2.2000 and 15.2.2000 passed by the learned Single Judge of the said court in several writ petitions were dismissed.
FACTS :
2. The Respondents were originally employed on daily wages in relation to a Scheme known as 'Kriya Scheme' aimed at providing drinking water and construction of roads for the benefit of the rural poor in the District of Gulbarga in the State of Karnataka. The employment allegedly commenced in the year 1993. The services of the Respondents were terminated in 1996. They filed writ petitions before the Karnataka High Court contending , inter alia, that as they having worked for a number of years, became entitled for regularization. It was furthermore contended that they had still been in service. The prayers made in the said writ petitions which are relevant for our purpose are as under :
"a) Issue a writ of mandamus order or direction directing Respondents No. 2 & 3 to regularization (sic for regularize) the service of the petitioner no. 1 to the post of Assistant Engineer in the pay scale of Rs.2050/- with allowance, the petitioners no. 2 and 3 as Junior Engineers in the pay scale of Rs.1520/- and allowance.
b) Issue a writ in the nature of mandamus order or direction not to discontinue the service of the petitioners and to direct payment of arrears of salary from September 1996 onwards and also to pay difference or arrears of salary to the petitioners from the date of completion of 240 days to grant all service benefits as are applicable to regular employees like seniority, promotion, increments, allowance etc."
3. The said writ petitions came up for consideration before a learned Single Judge of the Karnataka High Court.
4. We may further notice that along with the said writ petitions, the Respondents herein annexed two documents wherefrom it appeared that they had allegedly continued to work beyond 19.10.1996, the date of termination of their services. Upon an inquiry made in this behalf at the behest of the High Court, it was contended by the Appellants by filing an additional affidavit that no payment for daily wages had been made to the Respondents after the order of their discharge and such certificates had been procured from a Junior Engineer against whom a departmental inquiry had been initiated. It was further pointed out that author of one of the documents had himself disowned the said letter in terms of a communication annexed to the said additional affidavit.
5. In the said writ petitions, two questions fell for consideration :
"1) Whether the petitioners continued in employment of the Respondents beyond the 19th of October, 1996; and 2) Whether they are on the basis of the service rendered as daily wager entitled to an order of regularization?"
6. By reason of a judgment and order dated 1.12.1997, the learned Single Judge held that having regard to the fact that their services had been discontinued, the question of a direction being issued for continuance of their services does not arise having regard to the fact that the life of the Sch........