JUDGMENT

Mathur, J. - This order shall govern Writ Petitions Nos. 4079 and 4080 of 1969, by Narendra Bahadur Srivastava and Ramesh Chandra, respectively, in which common questions of fact and law arise. They were, therefore, heard together and are being decided by one judgment.

2. Both the petitioners were, on completion of the training from Small Industries Services Institute and Khadi Gram Udyog Mahavidyalaya, appointed as Assistant Development Officers (Industries) grade II at Rs. 120- per month in the scale of pay of Rs. 120-8-200-EB-10-300 plus usual dearness allowance at State Government rates, under order dated 7-8-1961, annexure 'A' to the Writ Petition. The appointment was purely temporary and was governed by the conditions set forth in the Government Notification No. 0-230/11-B-1953 dated January 30, 1953, and was subject to the approval of the Public Service Commission, U. P., Allahabad, if and when necessary for which they will have to apply on their own accord. The petitioners had to give an undertaking on the prescribed form to serve on the post of a period of at least three years.

3. Narendra Bahadur Srivastava took over charge on 18-8-1961 while Ramesh Chandra on 16-8-1961. The posts of Assistant Development Officer (Industries) Grade II were abolished with the result that the temporary service' of the petitioners were terminated under annexure B to the Writ Petition. Under annexure B the petitioners were given one months' notice of termination of service to be counted from the date of the receipt of the order. The services of Narendra Bahadur Srivastava were thus terminated on 22-5-1968 and of Ramesh Chandra on 1-5-1968. The certificate contemplated by Government Notification No. 41 12167 (Apptt.) (B) Department dated 24-10-1967 was granted to both the petitioners by the joint Director of Industries (Extension) acting for the Director of Industries, U. P.

4. The date of birth of Narendra Bahadur Srivastava is 8-7-1939 and of Ramesh Chandra 2-10-1936.

5. In case the above Notification No. 41 12167 dated October 24, 1967, introducing the Uttar Pradesh Retrenched Employees Recruitment Rules, 1967, applicable to the petitioners, they shall be entitled to the benefit of Rule 4 thereof. Rule 4 (1) is as below :

"4. Reservation in favour of retrenched employees :- (1) Subject to the provisions of sub-rules (2) and (3) fifty per cent of the total vacancies in any service or posts to be filled by direct recruitment ,hall, at every such recruitment; be reserved for employees retrenched from the same or any other department who, taking into account the provisions of Rule 5 also, are otherwise qualified for recruitment to that service or those posts, and are found suitable :

Provided that where a retrenched employee who immediately before his retrenchment was serving in a temporary or officiating capacity, is selected for appointment to a permanent post as a result of the said reservation, he will be eligible for appointment against that post initially in a temporary capacity, and for purposes of substantive appointment or confirmation against that post, his case will be considered, in accordance with the rules applicable to that service or post, along with that of-other persons holding appointment from before in a temporary or officiating capacity in that service or those posts."

6. Both the petitioners applied to the Public Service Commission for the post of Naib Tahsildars, the maximum age limit for which was 25 years on 1-1-1969. The applications of the petitioners were accepted by the Public Service Commission and they were permitted to appear in the written test. They qualified in the written examination and were called for interview. They were interviewed in the month of July, 1969 but later, their candidature was cancelled on account of their being overage for appointment to the post of Naib Tahsildars.

7. The petitioners were selected as Assistant Development Officer (Indus. tries) Grade II by an ad hoc committee.

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