JUDGMENT 1. - Decision of the State Government in abolishing all 47 posts of Bio Gas Extension Workers is under challenge in the instant writ petition. The petitioners, whose services have been terminated on account of such abolition, prayed that like absorption of similarly situated 48 Bio Gas Mistries Grade I, the services of the petitioners should also be absorbed on equivalent posts. 2. Grievance of the petitioners as set out in the petition is that the State Government from time to time created the posts of Bio Gas Mistry Gr. I/ Bio Gas Mistry Grade II (now known as Bio Gas Extension Worker) for various Districts in the District Rural Development Agencies (for short the DRDA). The petitioners were duly selected on the post of Bio Gas Mistry Grade II and had been continuously working as such since 1983. The State Government suddenly took decision to abolish all 47 posts of Bio Gas Mistries and consequently conveyed directions to terminate the services of all the petitioners. Posts of Bio Gas Mistries Grade I had also been abolished and all 48 Mistries Grade I were declared surplus, but all of them have been absorbed in the Public Health Engineering Department whereas services of the petitioners were terminated and they have not been absorbed in any department. The act of respondents in abolishing the said posts and terminating the services of the petitioners is arbitrary and discriminatory and violative of Articles 14, 16, and 21 of the Constitution of India and is liable to be quashed and set aside and the respondents be directed to absorb the petitioners on equivalent/equated posts with all consequential benefits. 3. The respondents in their reply averred that the abolition of posts is a matter of policy which is a prerogative of the State Government. Such decisions are taken according to the administrative exigencies and requirements. Similar treatment can not be given to Bio Gas Mistry Grade IT as has been given to the Bio Gas Mistry Grade I. Appointment was given to Bio Gas Mistry Grade I by the Secretary Special Schemes Organisations whereas Mistry Grade II were appointed by the respective DRDA. Such decisions are taken according to the administrative exigencies and requirements. Similar treatment can not be given to Bio Gas Mistry Grade IT as has been given to the Bio Gas Mistry Grade I. Appointment was given to Bio Gas Mistry Grade I by the Secretary Special Schemes Organisations whereas Mistry Grade II were appointed by the respective DRDA. Therefore the State Government was responsible for the service conditions of Bio Gas Mistry Grade I and cannot be made responsible for the service conditions of Mistry Grade U. The DRDA is an autonomous body and DRDA's were made responsible for giving appointment and allocation of work. 4. During the pendency of writ petition an additional affidavit was filed by the petitioner Kailash Chand Sharma stating therein that respondents took a decision to take up the matter of absorption of the petitioners but again a discrimination has been made between the petitioners inasmuch as out of many only two petitioners Mohan Lal Tailor and Kamal Kishore Purohit were absorbed on the post of Gram Sewak Cum Secretary of Gram Panchayat vide order dated August 4, 1998 (Annexure -13). The said order was issued is pursuance to a decision taken in a meeting, Minutes of which issued on August 26, 1997 reads as under - "Meeting was held on 26.8.97 in the chamber of Chief Secretary for considering absorption of retrenched Bio Gas Extension Workers in the Gramin Vikas and Panchayati Raj Department and State Enterprises Department. The relevant decision taken vide para 55/ N & 56/N of the file is reproduced below. 55. Meeting was held today at 11.30 hrs. Director Panchayati Raj will expedite action to appoint persons having qualifications 10+2 and above as Gram Sewaks. 56. For remaining persons P.S. State Enterprises will take action to make them eligible for appointment on contract in various organisations." It has further been stated in the affidavit that though the State Government has taken a decision to absorb the Bio Gas Extension Workers also but the same has erroneously been decided to be taken on contract basis though many of the petitioners have already worked for 10-15 years in different DRDAs and now at this stage if they are absorbed on contract basis, such an action would be discriminatory and in violation of the rules and instructions for absorption of surplus personnel. As has been done in the case of Bio Gas Grade I, all the petitioners should also be absorbed as per their qualification and technical knowledge on equivalent posts after safeguarding their pay scales. 5. I have reflected over the rival submissions and carefully scanned the material on record. 6. In State of Haryana v. Piara Singh ( 1992 (4) SCC 118 ) their lordships of the Supreme Court propounded thus- (para 21) "Ordinarily speaking the creation and abolition of post is the prerogative of the Executive. It is the Executive again that lays down the conditions of service subject of course to a law made by the appropriate legislature. This power to prescribe the conditions of service can be exercised either by making rules under the proviso to Article 309 of the Constitution or (in the absence of such rules) by issuing rules/instructions in exercise of its exclusive power. The court comes into picture only to ensure observance of fundamental rights, statutory provisions, rules and other instructions, if any, governing the conditions of service. The main concern of the court in such matters is to ensure the rule of law and to see that the Executive acts fairly and gives a fair deal to its employees consistent with the requirements of Articles 14 and 16. It also means that the State should not exploit its employees nor should it seek to take advantage of the helplessness and misery of either the unemployed persons or the employees as the case may be. The State must be a model employer." 7. From the minutes of the meeting held on August 26, 1997 it is evident that the respondents \intend to absorb the petitioners and other similarly situated persons but the decision to absorb the persons on contract basis does not appear reasonable. When Bio Gas Mistries Grade I were absorbed as per their qualifications and technical know how, why step motherly treatment is given to Bio Gas Mistries Grade II. The State Government should behave like a Model employer. The respondents are expected not to exploit the petitioners, nor should they seek to take advantage of the helplessness of the petitioners. After perusal of the decision taken in the meeting held on August 26, 1997, it is not necessary to discuss the stand of the respondents taken in their reply. The State Government should behave like a Model employer. The respondents are expected not to exploit the petitioners, nor should they seek to take advantage of the helplessness of the petitioners. After perusal of the decision taken in the meeting held on August 26, 1997, it is not necessary to discuss the stand of the respondents taken in their reply. Suffice it to say that absorption of the petitioners and the similarly situated persons should be made on equivalent posts as per their qualifications and technical know how. It will not be proper to appoint them on contract basis. Their absorption shall be made after keeping in mind their length of service and safeguarding their pay scales. 8. For the reasons aforementioned I find merit in the writ petition, it is accordingly allowed. The respondents are directed to absorb the petitioners on equivalent posts as per their qualifications and technical know how, after keeping in mind their length of service and safeguarding their pay scales. This exercise shall be made within two months from the date of receipt of this order. No costs.Petition allowed. *******