Appointment letters issued to candidates not selected in the final merit list are fraudulent and do not confer any right to continue in service.

JUDGMENT :

Brij Raj Singh, J.

1. Both the writ petitions under Article 226 of the Constitution of India have been filed seeking quashing of the impugned judgment and orders dated 16.08.2021 passed by the State Public Services Tribunal (for short "the Tribunal"), whereby the claim petitions filed by Rajesh Kumar and Sachin Kumar (hereinafter referred to as "the answering opposite parties no.2") impugning the orders dated 27.08.2016 along with consequential orders dated 08.09.2017 and 27.11.2019 cancelling their appointment letters, have been allowed.

Brief Facts:-

2. Nagar Nigam, Lucknow issued an advertisement to fill up 72 backlog posts for clerical cadre under Other Backward Class, Scheduled Caste and Scheduled Tribe categories, which includes 40 posts for Other Backward Class category, 27 posts for Scheduled Caste category and 5 posts for Scheduled Tribe category. In the advertisement, the requisite qualification has been prescribed that the candidate should have possessed Intermediate qualification with 25 words per minute Hindi typing speed. In pursuance of the aforesaid advertisement, answering opposite parties no.2 applied from Other Backward Class and Scheduled Caste category and cleared the written examination. Thereafter, call letters were issued to the answering opposite parties no.2 for typing test vide letter dated 13.10.2009. Answering opposite parties no.2 were successful in typing test and, therefore, they were called for interview on 12.4.2010 and 24.4.2010 respectively. Thereafter, select list was prepared by the selection committee and the cut off marks for selection was 32 for Other Backward Class and Scheduled Caste categories, whereas answering opposite parties no.2 had secured 24.14 and 30.86 marks respectively, therefore, they were not selected. However, surprisingly answering opposite parties no.2 were issued appointment letters on 26.2.2011 in spite of the fact that they were not selected and they were given the joining on 9.8.2011 and 6.9.2011 respectively.

3. An FIR at Case Crime No.588 of 2013, under Section 408 IPC, Police Station Hazratganj, District Lucknow came to be lodged on 28.12.2013 against the employees of the Nagar Nigam, who were involved in committing the fraud in issuing fake appointment letters to the answering opposite parties no.2 and others. On coming to know the factual situation that answering opposite parties no.2 were working though they were not selected, but their appointment letters were cancelled by the competent authority vide order dated 27.8.2016.

4. Aggrieved by the aforesaid orders, answering opposite parties no.2 filed Writ Petition Nos.21568 (SS) of 2016 and 22118 (SS) of 2016 respectively before this Court. The said writ petitions were disposed of by this Court vide order dated 28.9.2016 with the direction that answering opposite parties no.2 would be afforded an opportunity of hearing by issuing a show cause notice along with a copy of the select list and, thereafter, appropriate order would be passed. In compliance of the order dated 28.9.2016, show cause notices were issued to answering opposite parties no.2 on 27.10.2016, to which they filed reply on 13.12.2016 and 19.12.2016 respectively. After considering the reply and affording opportunity of hearing to answering opposite parties no.2, the competent authority passed the order on 8.9.2017, by which the order of cancellation of appointment letters of answering opposite parties no.2 were confirmed.

5. Feeling aggrieved against the orders passed by the competent authority, answering opposite parties no.2 preferred departmental appeals before the Commissioner, Lucknow Division, Lucknow, which too were rejected vide order dated 27.11.2019. Answering opposite parties no.2 challenged the respective orders i.e. 27.8.2016, 8.9.2017 and 27.11.2019 before the Tribunal by way of Claim Petition Nos.2174 of 2019 and 2199 of 2019 respectively.

6. The Nagar Nigam filed written statement in the claim petitions by giving para-wise rep