JUDGMENT

Nanavati, J.-Leave granted.

2. In spite of serious criticism by the High Court, in the earlier proceedings between the parties, that the Government had abused its powers and indulged into favouritism and nepotism, the Government has again tried to frustrate the legitimate rights of the direct recruits in order to favour and protect those ad hoc promotees who are alleged to be relations and favourites of Ministers, Members of Legislative Assemblies and Secretaries to the Government. The wrong committed is not only required to be set at naught, but the Government also deserves to be criticised for acting in that manner.

3. Even though U.P. Palika (Centralised) Service Rules (for short the Rules) were framed in 1966 for recruitment to the various posts mentioned therein and even though under Rule 20 the posts of Sahayak Nagar Adhikaris had to be filled up in equal numbers by promotion and direct recruitment, the Government went on making ad hoc appointments to those posts for ten years. Even when the process of recruitment for the said posts had started in 1976 and in all 14 persons were selected by the Public Service Commission (hereinafter referred to as the PSC) the Government appointed only four persons, including Appellant Nos. 1 to 3 in 1979. The other selected candidates who were not given appointments, therefore, filed Writ Petition No. 279 of 1980 in the Allahabad High Court for a writ of mandamus directing the Government to appoint them. Pursuant to the interim order passed in that petition, Appellant Nos. 4 and 13 and other regularly selected candidates were given appointments. In order to accommodate those direct recruits, the Government was really required to terminate the services of as many ad hoc appointees, including the respondents. Instead of doing so, with a view to favour them, the Government promoted them to the higher posts of Up Nagar Adhikaris on ad hoc basis. The appellants, therefore, challenged promotions of those respondents and other promotees by filing Writ Petition No. 2808 of 1980 in the Allahabad High Court on 4.3.82. The High Court allowed the writ petition, quashed the promotion of the respondents and directed the Government to prepare a seniority list and make promotion to higher posts of Up Nagar Adhikaris in accordance with Rules 20 and 21 of the Rules. That order was challenged by the State Government and ad hoc appointees in this Court but their special leave petitions were dismissed.

4. On 23.5.84, the Government issued an order prescribing that only those who had permanently and substantively served in the capacity of Sahayak Nagar Adhikaris for six years will be eligible for promotion to the posts of Up Nagar Adhikaris and that only those officers who had permanently served on the posts of Up Nagar Adhikris would be eligible for selection grade for those posts provided they have completed 15 years of service as Up Nagar Adhikari/Sahayak Nagar Adhikari and five years service as Up Nagar Adhikari. Thereafter, on 30.8.84, the Government inserted Rule 21A in the Rules for regularising the services of ad hoc employees. Again, on 20.11.84, the Government amended its earlier order dated 23.5.84 and provided that only those officers who have permanently or substantively served as Up Nagar Adhikaris will be eligible for the selection grade provided they have completed 15 years service as Up Nagar Adhikari/ Sahayak Nagar Adhikari and five years service as Up Nagar Adhikari. On 23.3.1985, the Government amended the seniority list of Sahayak Nagar Adhikaris. It rightly included only those who were directly recruited and those who were regularly promoted to those posts. Those who were ad hoc appointees were not included in the said list. But soon thereafter on 17.5.85, the Government, exercising its power under the newly introduced Rule 21A, regularised the services of respondents and other ad hoc appointees. Even though regular appointees on the posts of Sahayak Nagar Adhikaris were entitle