2020 Supreme(All) 607

IN THE HIGH COURT OF ALLAHABAD
Chandra Dhari Singh, J.
Lakshman Singh & Ors. – Petitioner
Versus
State Of U.P. Thru. Prin. Secy. Law/Legal Remembrancer & Ors. – Respondents
Service Single No. - 9184, 883, 3402, 3047, 3880, 4634 of 2018, 4520, 5198 of 2017
Decided On : 21-05-2020

Point of law:
Terminating the services of those who had been appointed illegally and/or withdrawing the benefits of grant-in-aid scheme of those who had not completed the deficiency in eligibility/educational qualification or withdrawing the benefit thereof from those who had been granted from the date prior to completing the deficiency, may not be desirable as a long period has elapsed. So far as the grant of UGC pay scale is concerned, it cannot be granted prior to the date of acquisition of higher qualification. In view of the above, the impugned judgment/order cannot be sustained in the eye of the law.

Headnote:

Lowest Grade (Recruitment by Promotion) Rules, 2001 – Uttar Pradesh Advocate General and Law Officers Establishment (2nd Amendment) Rules, 2010 – Service Laws – Termination of Services – By means of bunch of writ petitions the petitioners have challenged the order passed by Advocate General vide which appointment of the petitioners have been cancelled and their services have been terminated with immediate effect – Held, It is directed that regular selection be made as per relevant statute at earliest and petitioners and other similarly situated incumbents ought to be given opportunity to be considered for recruitment if they possess the requisite qualification in terms of advertisement as well as the statute – They may also be given suitable age relaxation and some wightage for their experience as may be decided by the authority concerned – It is further directed that till regular selection is made, the State is at liberty to continue the petitioners and other similarly situated incumbents on their respective posts on same terms on which they were working – It is also directed that the petitioners and other similarly situated incumbents be paid arrears of salary, if any, for the period they had worked, and in future be paid regularly – Writ Petition Disposed of (Paras 61, 62)

Fact of the case:

Petitioners are Class -IV employees and were working on the post of Peon (Anusewak) in the office of Chief Standing Counsel of High Court of Judicature at Allahabad as well as Lucknow. While Petitioners No.1 to 4 were working on the post of Peon (Anusewak) in the office of Chief Standing Counsel at Lucknow and Petitioners No. 5 & 6 were working as Peon (Anusewak) in the office of Chief Standing Counsel at Allahabad. Petitioners No.1, 3 & 5 belong to General Category, Petitioners Nos. 2 & 4 belong to Other Backward Category and Petitioner No.6 belongs to Scheduled Caste Category.

(ii) In year 2013, in the office of Respondent No.2 and State Law Officers (Establishment), several posts in Class -III category namely Stenographers, Assistant Review Officers and Computer Assistants as well as posts of Class -IV employees were lying vacant. Those posts were duly sanctioned in accordance with the procedure prescribed in the statute. Vide order/letter dated 18.06.2013 issued by Special Secretary (Law), Government of U.P. to Chief Standing Counsel of this Court at Allahabad and Lucknow, it was requested to make available the proposal to the State Government for appointment of Stenographers and other staffs in the office of Chief Standing Counsel in compliance of judgment and order dated 09.04.2013 passed in Writ Petition No. 1 (S/B) of 2013 (State of U.P. & Anr. Vs. Dallaram & Anr.). In pursuance of the said letter, the decision to fill up the aforesaid vacancies was taken by the then learned Advocate General.

Finding of the Court:

It is directed that regular selection be made as per relevant statute at earliest and petitioners and other similarly situated incumbents ought to be given opportunity to be considered for recruitment if they possess the requisite qualification in terms of advertisement as well as the statute – They may also be given suitable age relaxation and some wightage for their experience as may be decided by the authority concerned – It is further directed that till regular selection is made, the State is at liberty to continue the petitioners and other similarly situated incumbents on their respective posts on same terms on which they were working – It is also directed that the petitioners and other similarly situated incumbents be paid arrears of salary, if any, for the period they had worked, and in future be paid regularly.

Result: Writ Petition Disposed of