IMPORTANT POINT
Public appointments must adhere to established statutory procedures, and any appointment made outside these rules is void, reinforcing the principles of equality and non-discrimination in public employment.

JUDGMENT :

J.J. Munir, J.

1. This writ petition is directed against an order dated 05.07.2023 passed by the Commissioner, Jhansi Division, Jhansi, dismissing the petitioner's appeal, arising out of an order dated 13.10.2022 passed by the Nagar Ayukt, Nagar Nigam, Jhansi, terminating her services.

2. The petitioner was appointed a Class-IV employee, a Safai Karmchari, by the Executive Officer, Nagar Palika Parishad, Jhansi vide an order dated 15.12.1994. The petitioner was issued with a show cause notice dated 25.07.2022 by the Nagar Swasthya Adhikari, Nagar Nigam Jhansi, the Nagar Palika being upgraded to a Nagar Nigam since the petitioner's appointment, asking her to show cause regarding the validity of her appointment within seven days. The petitioner was asked to show cause about the validity of her appointment on ground that at the time of her appointment, she had suppressed the fact that her husband, Brij Mohan, was in government service. The other reason indicated was that she was appointed after her father-in-law, Chandu son of Ramjani, a Safai Karmchari, resigned his post and in the vacancy caused by his resignation, the petitioner was appointed, about which the petitioner did not have any legal right. The petitioner says that she has been working as a Class-IV employee regularly since the date she joined. She submitted her reply to the show cause on 25.07.2022.

3. It is the petitioner's case that there is no complaint or adverse material against her during the period of her service. A memo dated 17.09.2022 was issued to the petitioner by the Nagar Swasthya Adhikari, asking her to appear for the purpose of a personal hearing on 20.09.2022 at 11:00 a.m. and have her say in the matter of validity of her appointment. In compliance with the memo dated 17.09.2022, the petitioner submitted her reply on 20.09.2022. The Nagar Ayukt, vide order dated 13.10.2022, terminated the petitioner's services on ground that it was made dehors the rules, depriving her of all terminal benefits. The petitioner appealed the order to the Divisional Commissioner, but the appeal too was dismissed vide order dated 05.07.2023.

4. Aggrieved, this writ petition has been instituted under Article 226 of the Constitution.

5. This Court vide orders dated 29.08.2023, 04.10.2023 and 16.10.2023 required the Nagar Ayukt, the Collector of Jhansi, the Commissioner of the Division and the Secretary, Urban Development, Government of U.P., Lucknow, to show cause why damages may not be awarded to the petitioner for the invaluable loss of those years of her life, when the petitioner could have secured lawful public or private employment. These orders were passed on the foot of a prima facie opinion that the petitioner was appointed to a public post dehors the rules that did not confer any right upon her to continue in public employment. By very detailed orders, it was impressed upon the various respondents, who were asked to file their personal affidavits, that the then Executive Officer of the Nagar Palika and the incumbent, who was functioning as the Collector, also holding charge of the Administrator of the Nagar Palika at the relevant time, by display of an act of mercy and on a humanitarian ground, granted appointment to the petitioner, which could never have been done. This resulted in the petitioner being made to serve the Nagar Palika, subsequently the Nagar Nigam, in terms of an appointment that was void. This caused prima facie the petitioner to be rendered directionless in the advanced years of her life and deprived of all economic security. It was these factors, which required the respondents to show cause why damages may not be awarded to her for offering her a void appointment. The orders, that was passed by this Court on 29.08.2023, and, particularly, the one on 04.10.2023, required the Executive Officer of the Nagar Palika, Jhansi, which should be understood as a reference to the Nagar Ayukt, Nagar Nigam, Jhansi and the Divisional Commissioner, to file t