Temporary or ad hoc engagement under a specific scheme does not entitle employees to seek permanency or continuation of service under a new scheme.

Dr. Devendra Kumar Arora, J.

1. Heard Sri Avinash Chandra, learned Counsel for the petitioners, learned Standing Counsel, Sri Savitra Vardhan Singh, learned Counsel for opposite party No. 5 and Sri Vivek Raj Singh, learned Counsel for the opposite parties No. 2 to 4.

2. In all the afore-captioned writ petitions, common question of fact and law is involved, therefore, all the writ petitions have been clubbed together and are being disposed of by a common order.

3. In all the writ petitions, petitioners have questioned the correctness and validity of the order dated 16.06.2014, whereby the Director/Mission Director (NULM), State Urban Development Agency, Lucknow (opposite party No. 2) has stopped the payment of salary to petitioners from 31.03.2014 on the ground that there is no post of Community Organizers & Community Development Society sanctioned under the Swarn Jayanti Sahri Rojgar Yojna (in short “SJSRY”).

4. According to the learned Counsel for petitioners, petitioners of different writ petitions were appointed on the post of Community Organizer during 1999-2001 under Swarn Jayanti Sahri Rojgar Yojna [in short referred to as “SJSRY”]. The SJSRY scheme was introduced by Urban Employment and Poverty Alleviation Department of Ministry of Housing and Urban Poverty Alleviation, Government of India with a view to alleviate the poverty and urban unemployment by promoting the establishment of self employment industries. Later on, the Government of India vide Government Order dated 24.09.2013 promulgated a new scheme for economic development and upliftment of urban poor by social mobilization, capacity building, skill training and self employment programme in the name of National Urban Livelihood Mission (in short “NULM”) and replaced the earlier SJSRY Scheme. Vide letter dated 25.03.2014, the Director/Mission Director (NULM), State Urban Development Agency, Lucknow (opposite party No. 2) had published guidelines of various schemes of NULM and informed all the District Magistrate/Chairman, DUDA, U.P. that for providing livelihood and for empowerment of urban poorer, the Government has introduced the NULM Scheme. The mission was to be implemented in phases during 12th and 13th Five Year Plan.

5. It has been urged by the learned Counsel that the operational guidelines of Social Mobilization and Institution Development, which emphasizes on building community institution in Building Community Institution in the form of Self Help Groups (SHGs), provides that experts at CMMU will work along with the Community Organizers in the field for formation of Self Help Groups. Thus the fundamental work under the NULM is to be done by the petitioners. There is a specific provision in the NULM that the Community Structures like “Neighbourhood Groups” and Community Development Society” formed under the earlier SJSRY will continue to function and effort will be made to transform them into community structures as envisaged under NULM.

6. Learned Counsel for the petitioner has submitted that the operational guidelines in respect of another component of NULM i.e. Capacity Building and Training specifically provides that for implementation of NULM, the Community Organizers will be appointed. Each Community Organizer will cover 3000 urban poor families. It further provides that the number of Community Organizer will depend upon the requirement. However at least one community organizer is necessarily to be appointed in every city. The operational guidelines for Self Employment Programme Component also provides that the beneficiary of the self employment programme will be identified by the Community Organizer and professional or urban local bodies. Vide order dated 27.03.2014 passed by the respondent No. 2, all the financial liabilities and balance of SJSRY has been merged under NULM. Moreover, the State Government vide order dated 27.06.2014 had implemented the NULM at City Level and provided in the said order that at least one Community Organizer is to b