State government lacks jurisdiction to annul municipal appointments made in compliance with statutory provisions absent clear evidence of fraud.

JUDGMENT :

J.J. Munir, J.

This judgment will dispose of the present writ petition and connected Writ - A No. 15184 of 2023, Writ - A No. 15191 of 2023 and Writ - A No. 15193 of 2023. Since identical questions of facts and law are involved in Writ - A No. 12473 of 2023, and Writ - A No. 15184 of 2023, Writ - A No. 15191 of 2023 and Writ - A No. 15193 of 2023, the other matters were connected with Writ - A No. 12473 of 2023, which was heard as the leading case. The parties exchanged affidavits in the leading case, and not in the other matters, though opportunity was granted to file a counter-affidavit in those matters as well. Learned Counsel for the parties agreed that all the four writ petitions can be decided on the basis of affidavits filed in the leading case. This Court, accordingly, proceeds to notice facts from the leading case.

2. The Director (Local Bodies), Government of U.P., Lucknow by his letter dated 31.12.2014 issued to the Presidents and the Executive Officers of various Nagar Palika Parishad across the State, whose list is appended to the letter, informed that 345 technical posts of Class-IV are lying vacant and directed the Presidents and the Executive Officers to proceed with selections and appointments to these posts with information to the State Government. The letter of the Director shows that two posts, one of an Electrician and the other of a Junior Fitter, were lying vacant with the Nagar Palika Parishad, Khair, Aligarh. Acting on the aforesaid letter from the Director of Local Bodies, the Executive Officer of the Nagar Palika Parishad, Khair, Aligarh (for short, 'the Nagar Palika') published an advertisement dated 5.2.2015. In response to the advertisement, the petitioners alongwith other eligible candidates applied for the post of Electrician and Junior Fitter. Interviews for the said posts were held on 15.4.2015 by a four-member Selection Committee, that included the President and the Executive Officer of the Nagar Palika.

3. A list of selected candidates was issued on 15.4.2015, which showed the name of petitioner No. 1, Anuj Saxena at Sr. No. 1, whereas that of petitioner No. 2, Kamal Singh, at Sr. No. 3. The Executive Officer issued two separate appointment letters, both dated 20.4.2015, appointing petitioner No. 1, Anuj Saxena, to the post of an Electrician and petitioner No. 2, Kamal Singh, to the post of a Junior Fitter, on probation for a year. As the first petitioner's service-book would show that he was made permanent in the year 2016, the second petitioner's service-book shows that he was made permanent on 1.8.2016.

4. By a letter dated 14.7.2016, it appears that the Director, Local Bodies, asked the Presidents and the Executive Officers of the various Nagar Palika why they had not taken steps to fill up the technical posts, they were asked to do earlier and also explain themselves in this behalf. On 8.1.2018, the Executive Officer of the Nagar Palika, issued an order, saying that he visited the office of the Nagar Palika and perused the attendance record of all regular employees. He said that he found that all the temporary employees were not present, and, therefore, directed that the services of all employees on probation, found absent, stand terminated forthwith.

5. The petitioners and 15 other similarly circumstanced employees of the Nagar Palik