Judgment U. P. Singh, J. 1. In this writ application, Class III and IV employees, all employed to work on daily wages at various rates, increased from time to time, have come up before this court with a grievance that, although they have been working on different posts since 1978 to 1984, their services have not been regularised and they are not being paid the same emoluments at the rates and scale of pay prescribed for employees of the respective cadres, although the petitioners are discharging the same nature of work under the agency, called "gandak Command Area and Development Agency". 2. The gandak Command Area Development Agency has been established under Sec.3 if the Biharagriculturist and Rural Area development Agency Act, 1978 for the last several years. It functions with the Board, the Chairman-cum-Area Commissioner being the head and the powers of the Managing Director are vested in the Chairman. The Government vide its order No.349/c. A. D. dated the 30th September, 1975, empowered the respondent Agency to appoint employees on the posts carrying the salary upto Rs, 1600/- per month. The petitioners were, thus, appointed by appropriate authorities or the Agency as and when vacancies arose for carrying out the development works entrusted by the Agency. The P. W D. Code and other service regulations prevailing in the Government of Bihar, have been adopted by tae Agency for its working as well. Since the State government had put some restrictioas against regular appointment even against sanctioned posts, the petitioners were appointed as daily rated workmen against sanctioned posts and have thus, continued for long s years in the service of the Agency. It has been submitted on their behalf that most of them have now become overage for any direct appointment. It has also been submitted that, although they were appointed as daily rated workmen, but the work, which was being taken from them, is that of regular employees and they are not being paid the prescribed scale of salary whicn is sanctioned for such regular employees. 3. Petitioners 1 to 10 are clerks and petitioners 11 to 19 are drivers, all belonging to Class III cadre, and petitioners 2u to 4s are peons in Class iv posts. 3. Petitioners 1 to 10 are clerks and petitioners 11 to 19 are drivers, all belonging to Class III cadre, and petitioners 2u to 4s are peons in Class iv posts. At the time of their appointment their eligibility suitability and fitness were all tested along with other candidate in pursuance of the local advertisement on the Notice Board, Thereafter, the petitioners were selected to work on daily wage basis. They made representation for regularisation of their services. The Assistant Labour Muzaffarpur, in his communication to the District Secretary of the P. W. D Workers Union stated that their demand for regularisation would be considered. Tae said letter No.5149 dated 31st July, 1985 has been annexed marked Annexure -8. in August,1985, the chairman cum-Development Commissioner of tae Agency also entered into an agreement with the President of the Employees Association to the effect that the employees working on daily wage basis would be regularised on sanctioned vacant posts on completing its modalities within three months and, in pursuance of this agreement, the strike was called off". The said agreement dated the 1st August, 1986 has bsen annexed marked annexure-9. Even then, neither their services were regularised nor were they paid the same salary which was being paid to the regular employees. 4. The stand taken in the counter affidavit is that the appointment of these daily wagers was illegal and/or irregular having not been appointed by the competent authority and that it was not against any sanctioned posts. In other words, it was sudmitted that the question of regularisation did not arise since such persons were engaged on muster roll as and when the alleged necessity arose and that it was illegal, irregular and without jurisdiction. It was further submitted that the question of payment according to the rates and the scales ot pay, with effect from the dates the petitioners have been working on daily wages, did not arise because they were not engaged on such condition that they would be given any scale of pay. 5. In reply thereto, the petitioners have contended that, on the basis of Annexure-9, the Chairman-cum-Development Commissioner of the agency had entered into an agreement with the President ot the Employees association assuring that the employees working on daily wage basis would be regularised ou sanctioned vacant posts on completing its modalities within three months. 5. In reply thereto, the petitioners have contended that, on the basis of Annexure-9, the Chairman-cum-Development Commissioner of the agency had entered into an agreement with the President ot the Employees association assuring that the employees working on daily wage basis would be regularised ou sanctioned vacant posts on completing its modalities within three months. This fact has not been controvered in the counter affidavit. It was further stated that in the letter dated 31st July, 198s (Annexure-8)addressed to the District Secretary of P. W. D. Workers Union, District branch, the Assistant Labour Commissioner requested for recommending their regularisation against the sanctioned posts like other retrenched employees of the sone Command whose services were regularised. Thus, the contention that the petitioners were appointed not against the sanctioned posts appears to be incorrect. While enumerating the position of the employees in the said letter contained in Annexure-8, it was indicated that the sanctioned posts were vacant under the Agency and the daily rated employees were also working therein Accordingly, a request was made to the State Government for approval and absorption of the daily rated employees in the service of the Agency against the sanctioned posts by the chairman, respondent no.3, herein. 6. It appears that, according to the provisions of the P. W. D. Code, the executive Engineers and the Superintending Engineers have the right to appoint such daily rated employees according to the necessity and, accordingly, the petitioners were so appointed, which fact has been admitted by respondent No.3 in Annexure-8 itself. Further Annexure-17 is a letter from the Secretary of the Agency dated the 18th September, 1987, to the Deputy secretary of the State Government in the Agriculture Department which clearly states that the work from the daily rated employees is being taken against sanctioned posts. It may be mentioned that the Chairman had taken a decision that until formulation of the rules and regulations of the Agency, it would be governed by the P. W. D. Code and this position has been admitted in the counter affidavit that the Agency is following the rules and the regulation of the Government. The Chief Secretary to the Government of bihar in his letter No 7369 dated 11-6-1986 had informed all the Secretaries to the Government all Heads of Department of Government, all Commissioners of the Division and the District Collectors that illegal appointments made after 1-8-1983 might be cancelled. The Chief Secretary to the Government of bihar in his letter No 7369 dated 11-6-1986 had informed all the Secretaries to the Government all Heads of Department of Government, all Commissioners of the Division and the District Collectors that illegal appointments made after 1-8-1983 might be cancelled. This is contained in Aunexure-16. It is, therefore, contended that in so far as these petitioners are concerned, they do not come within the purview of the said Annexure-16. 7. There is no denying the fact that these petitioners have been working in Class III and IV posts for the last four to eleven years and at no point of time ever before the filing of the counter affidavit, it was brought to their notice that their appointments were illegal or irregular in any manner. On the other hand, factually, it has been proved on record that the appointments were validly made by the S. D. Os Executive Engineers and Superintending engineers of this department in accordance with the P. W. D. Code which was being adopted by this Agency for the purpose of such appointments of daily rated employees. Their appointments were also made against sanctioned post is fully demonstrated in the letters contained in Annexures-8, 9, and 17. Admittedly, these petitioners appointed in different years between 1978 to to 1984 worked tor long four to eleven years on different posts as Class III and IV employees. I see no jurisdiction why their services could not be regularised. Now at such a belated stage the stand cannot be taken for the first time in the counter affidavit that the appointments of these employees were illegal or irregular. They ought to have been confronted with such a stand and due opportunity to show cause ought to have been issued. In the present case, it has been demonstrated that their appointments were valid and against the sanctioned posts. 8. It is now well settled in the case of Surinder Singh and another v the Engineer-in chief C. P. W. D. and others, AIR 1986 SC 584 , "that the persons employed on daily wage basis are entitled not only to daily wages but are entitled to the same wages as other permanent employees in the department employed to do the indcntical work. In this connection, it can not be said that the doctrine of "equal pay for work" is a mere abstract doctrine and that it is not capable of being enforced in a court of law. The central Government, the State Governments and likewise, all public sector undertakings are expected to function like model and enlightened employees and arguments that the principle of equal pay for equal work is an abstract doctrine which cannot be enforced In a court law would ill-come from the mounts of the State and State Undertakings. " 9. In the case of Dhirendra Chamoli and another V/s. State of U. P. , (1986) 1 SCC 637 the Supreme Court said i ". . . . . . . . . It is peculiar on the part of the Central Government to urge that these persons took up employment with the Nehru yuvak Kendras knowing fully well that they will be paid only daily wages and, therefore, they cannot claim more. This argument lies ill in the month of the Central Government, for it is an all too familiar argument with the expiiciting class and a welfare State Committed to a socialist pattern of society cannot be permitted to advance such an argument. It must be remembered that in this country where there is so much unemployment, the choice for the majority of the people is to starve or to take employment on whatever exploitative terms are offered by the employer. The fact that these employees accepted employment with full knowledge that they will be paid only daily wages and they will not get the same salary and conditions of service as other Class IV employees, cannot provide an escape to the Central government to avoid the mandate of equality enshrined in article 14 of the Constitution. This Articles 14 of the Constitution. This article declares that there shall be equality before law and equal protection of the law and implicit in it is further principle that there must be equal pay for work of equal value. These employees who are in the service of the different Nehru yuvak Kendra in the country and who are admittedly performing the same duties as Class IV employees, must therefore get the same salary and contions of service as Class IV employees. It makes no difference whether they are appointed in sanctioned posts or not. These employees who are in the service of the different Nehru yuvak Kendra in the country and who are admittedly performing the same duties as Class IV employees, must therefore get the same salary and contions of service as Class IV employees. It makes no difference whether they are appointed in sanctioned posts or not. So long as they are performing the same duties, they must receive the same salary and conditions of service as class IV employees. " 10. I, therefore, allow this application and make the rule absolute and direct the Agency to accord to these persons who are employed by the Agency and who are suitably performing the same duties as Class III and IV employees, the same salary like wise as are being pard to regular and permanent employees with effect from the date they were respectively employed. In this case, it has been demonstrated that these employees were functioning against sanctioned posts. Therefore, the services of these employees shall be regularised. I regret that many employees are kept in service on a temporary daily wage basis without their services being regularised. I hope and trust that the Agency will take appropriate action to regularise the services of these petitioners who have been in continuous employment for long four to eleven years. Writ application allowed.