A. H. JOSHI, J. ( 1 ) HEARD learned Adv. Mr. R. L. Khapre for the petitioners, learned Adv. Mr. M. L. Bhure for respondent Nos. 1 and 2 and learned Asstt. Govt. Pleader Mr. D. P. Thakre for respondent No. 3. Perused the petition, annexures and Affidavits-in-Reply filed by respective respondents. ( 2 ) PETITIONERS are ad hoc appointees as teachers. They were appointed for six months. The appointment was the locum, anticipating selection by District-level Selection Committee, and the candidates so selected would replace the petitioners. ( 3 ) BY end of tenure of six months, petitioners' services were terminated, though the District-level Selection Committee did not select, and failed to forward list of candidates. ( 4 ) PETITIONERS approached this Court. The Writ Petitions were admitted. This Court directed as follows :- "in case the services of the petitioners stand terminated due to expiry of their term of appointment, then the vacancies arising out of such termination of services will not be filled in by appointing fresh candidates on ad hoc or temporary basis. " [quoted from Order dated 22nd April, 2000 passed by this Court [coram : J. N. Patel and P. S. Bramhe, JJ. ] in the set of present Writ Petitions]. ( 5 ) ADMITTEDLY, till date, nobody has been appointed in place of the petitioners. ( 6 ) DURING pendency of petitions, State Govt. , took some decision, based on which, by communication dated 28th February, 2001, copy whereof is at page no. 28 of paper-book of Writ Petition No. 1407 of 2000, Director of Municipal administration informed the Divisional Commissioner/regional Director of municipal Administration and all Collectors that the services of ad hoc teachers be regularized furtherance to the procedure indicated therein. ( 7 ) IN spite of the earlier decision, all the petitioners were not absorbed and they have, therefore, continued with the petitions. ( 8 ) THE respondent No. 5 has filed affidavit on record explaining the position. ( 9 ) POLICY of the Government to absorb is accepted to be a fact of the matter. It is also accepted that the proposals were scrutinized. The reasons as to why the petitioners were not absorbed are narrated in para 9 of the affidavit of the respondent No. 5 in Writ Petition No. 1407 of 2000, which is quoted below for ready reference:- "9. It is also accepted that the proposals were scrutinized. The reasons as to why the petitioners were not absorbed are narrated in para 9 of the affidavit of the respondent No. 5 in Writ Petition No. 1407 of 2000, which is quoted below for ready reference:- "9. The Collector, Bhandara has called the petitioner for personal interview on 30-4-2001 before the District Selection Committee and submitted proposal to answering respondent. In the proposal the collector states that the petitioner did not give reply to the instructions asked by the District Selection Committee and therefore the petitioner did not consider for selection. The answering respondent accepted the recommendations of the District Selection Committee and accordingly informed to the Collector, Bhandara and concerned Municipal Council. In the circumstances the decision taken by the answering respondent is just and proper. " [quoted from page No. 47 of the Paper-book of Writ Petition No. 1407/2000]. ( 10 ) AS it is apparent, the candidates, who had undergone the process of selection once through the Local Selection Committee constituted by the municipal Council, preceded by public advertisement, receipt of applications etc. , were again subjected to scrutiny, and have been declined absorption barely on viva voce. ( 11 ) A selection or non-selection, which is based on totality of viva voce is inherently dominated by subjective element which is devoid of objectivity. ( 12 ) IN the result, the policy of the State to absorb the services of these candidates duly selected, though for locum appointment, has been defeated by an undesired/ abhorred policy of selection based on total viva voce. ( 13 ) CONSEQUENTLY, though the petitioners were certainly entitled to claim that one ad hoc should not be substituted by another ad hoc and their claim for absorption was positively considered by the Govt. , they have been met with an act of injustice by denying to them the appointment exclusively on a process of selection guided by oral interview alone. ( 14 ) HAD the petitioners been subjected to any further scrutiny, such as written test, gradation on the basis of academic achievements and if few amongst them did not get the chance of absorption on comparative merit and objective assessment, they would not have been in a position to blame the action of the authorities to be arbitrary. ( 14 ) HAD the petitioners been subjected to any further scrutiny, such as written test, gradation on the basis of academic achievements and if few amongst them did not get the chance of absorption on comparative merit and objective assessment, they would not have been in a position to blame the action of the authorities to be arbitrary. Now, however, by their act of basing the selection totally on viva-voce, the authorities have equipped the petitioners with the averment of the refusal of selection totally on subjectivity and the authorities are not in a position to come out of said averment. ( 15 ) IN the result, petitioners succeed in making out a case that failure of the respondents to absorb them is unjust and arbitrary. ( 16 ) NOW, the question is whether petitioners would be entitled to arrears of backwages. ( 17 ) THE petitioners' contribution to fault of their being away from job is limited to the extent that they could have, during the pendency of petition, sought a casual appointment when the posts were lying vacant. They could have also sought some relief when their selection was declined barely on viva voce, no sooner the affidavit came from the respondent No. 5. ( 18 ) IN view that there is petitioners' contribution to the pendency, they would not be entitled to receive any relief by way of backwages. Moreover, rule of 'no work - no wage' would come into play. However, the petitioners would be entitled to be absorbed from the date they were discontinued. Their pay on reentry shall be fixed by treating as if continued on such pay and allowances as were initially admissible according to rules, on a fixed pay etc. , and then on a regular basis as per the policy of the Government in vogue. ( 19 ) THOUGH the petitioners have not been awarded backwages, they would be entitled for treating their services without break from the date when they had joined on ad hoc basis for all purposes. ( 20 ) WE, therefore, direct that this order be complied with within sixty days from today. Learned Govt. Pleader is directed to communicate this order to respondent No. 3 for appropriate compliance by and on the part of respondent no. 1. ( 21 ) IN the result, Rule is made absolute in terms of paras 18 to 20. ( 20 ) WE, therefore, direct that this order be complied with within sixty days from today. Learned Govt. Pleader is directed to communicate this order to respondent No. 3 for appropriate compliance by and on the part of respondent no. 1. ( 21 ) IN the result, Rule is made absolute in terms of paras 18 to 20. In the circumstances, parties are directed to bear own costs. ( 22 ) CERTIFIED copy is expedited. Order accordingly.