2020 Supreme(All) 850

IN THE HIGH COURT OF ALLAHABAD
CHANDRA DHARI SINGH, J.
Dr. Narendra Singh Sengar & Ors. – Appellants
Versus
State Of U.P. Thru.Addl. Chief Secy.Ayush Deptt. Lko &Ors. – Respondents
Service Single Nos. 14024, 14731, 13197 of 2020
Decided on : 09-12-2020

Point of Law: New criteria for allotment of land was challenged. In the original policy, the seniority with regards to allotment was decided on the basis of date of registration. Subsequently, a change in policy was made in 1990, changing the criteria for deciding seniority based on the date of approval of the final list.

Headnote:

Service Laws – Renewal Of Tenureship – In the State of U.P. in various Government Homeopathic Medical Colleges, the number of qualified teachers selected through Uttar Pradesh Public Service Commission were not available and, therefore, the State Government issued Government Order giving out that teachers of various categories be appointed on contract basis through a selection based on interview from amongst the teachers having retired from various Government Homeopathic Medical Colleges situated in the State of U.P. or outside the State of U.P. – Selection for appointment on contract basis in accordance with the provisions contained under Government Order took place but the requisite hands for teaching in various Government Homeopathic Medical Colleges including the newly created Government Homeopathic Medical Colleges in various districts could not be made available – In the Government Order it was provided that the appointment of the teachers retired from Government Homeopathic Medical Colleges could be made for a period of one year or till the availability of the candidates selected by the UPPSC whereas in the Government order it was provided that the teachers to be appointed, who could be either retired or serving teachers of Government Homeopathic Medical Colleges or from Private recognized Government Homeopathic Medical Colleges, could continue till the availability of the regularly selected candidate from UPPSC or till attaining the age of 65 years – Petitioners submitted their candidature and they were subjected to selection process as prescribed under Government order, and selected and appointed on their respective posts – Director, Homeopathic, U.P./respondent no.2 issued a letter instructing all the Principals of Government Homeopathic Medical Colleges and Hospitals of U.P. to discharge the petitioners till execution of any fresh contract and in that furtherance of the same the petitioners were discharged on different dates after completing one year of service – Director issued letter providing that in the public interest/governmental functioning interest, it was necessary and compulsive to continue to engage teachers on contract basis and the teachers already appointed be engaged on contract basis for a period of 11 months after creating a break of seven days. The names of all the petitioners find mention in the list attached to the letter – Respondent No.1 i.e. State Government issued two orders, in which, it has been stated that there are many complaints regarding renewal of tenureship on contractual basis pending before the Uttar Pradesh Lokayukt, Lucknow and, therefore, renewal of the tenure of the petitioners on contractual basis on various posts is not liable to be done – It is also contained in the said order that new process for selection on contractual basis for various specified posts may be initiated – Vide another order of the same day Government Order was cancelled – Writ petition has been filed challenging aforesaid orders –

Finding of the Court:

State cannot take away employment of the petitioners who are not responsible for any irregularities in the appointment without proper inquiry of each appointment individually or appraisal of performance of every employee individually. – Any complaint regarding an appointment should be examined and the decision be taken individually and not by a general order. – Not approval of any Government Order by Cabinet, cannot said to be a wrong committed by the employee and therefore, the petitioners cannot suffer for any irregularities which have been committed by government authorities. – The appointment of the petitioners was made after adopting the procedure prescribed in the statute as well as the advertisement and if the appointment is cancelled by a general order, without appointing teachers on regular basis by UPPSC, then the students who are studying in the said Homeopathic Colleges may also suffer irreparably. – Petitioners have been appointed on contractual basis on their respective posts after completion of due process. – If any irregularity has been committed in the selection and appointment of the petitioners, then the said irregularity may be detected by the process of due legal inquiry. – There is also a legitimate expectation of the petitioners who have been appointed on contractual basis in different colleges on their respective posts after following due process. – Legitimate Expectation: one amongst several tools incorporated by the Court to review administrative action. – A person may have a reasonable or legitimate expectation of being treated in a certain way by the administrative authorities owing to some consistent practice in the past or an express promise made by the concerned authority –

Result: Petitions Allowed