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CASE NO.:

Appeal (civil) 4092 of 2001

PETITIONER:

State of U.P.

RESPONDENT:

Neeraj Awasthi & Others

DATE OF JUDGMENT: 16/12/2005

BENCH:

S.B. Sinha & P.P. Naolekar

JUDGMENT:

JUDGMENT

W I T H

CIVIL APPEAL NOS. 3872, 3873, 4038, 4093-4102,

7545-7646, 7647-7748 of 2001,

CIVIL APPEAL NO. 6810 of 2005

and CIVIL APPEAL NO. 6814 of 2005

S.B. Sinha, J :

The jurisdiction of the High Court to issue a direction for framing a

scheme for regularisation of the employees of the U.P. State Agricultural

Produce Market Board (for short "the Board") is in question in this batch of

appeals which arise out of judgments and orders passed by the High Court of

Judicature at Allahabad in the writ petitions filed by the private respondents

either dismissing or allowing the same.

ACT

The legislature of the State of Uttar Pradesh enacted The Uttar

Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 (for short "the Act"). The

Board has been established under Section 26-A of the Act. Section 26-B

provides for the constitution of the Board. In exercise of its power conferred

upon it by Section 25-A and 26-X of the Act, regulations have also been

framed by the Board laying down the terms and conditions of the service of

the employees of the Market Committees known as the Uttar Pradesh

Agricultural Produce Market Committees (Centralised) Services

Regulations, 1984 (for short "Services Regulations"). Similar regulations

have also been framed by the Board in respect of its own employees being

the Uttar Pradesh Agricultural Produce Markets Board (Officers and Staff

Establishment) Regulations, 1984 (for short "Establishment Regulations").

BACKGROUND FACT

In the State of Uttar Pradesh, there are 244 Market Committees. 3395

posts were sanctioned but indisputably 5600 appointments have been made.

We are herein concerned with the orders of appointments and orders of

terminations issued in respect of about 1021 employees who were appointed

between the period 1.4.1996 and 30.10.1997. A resolution was passed by the

Board on or about 30th September, 1996 proposing regularisation of the

services of those employees who have completed one thousand days of

service. The Board had also its construction divisions. The said proposal

was, however, confined to the employees working in the construction

divisions against contingency funds. Approval having been sought for from

the State Government in relation to framing of appropriate rules, in this

behalf, informations were sought for from various departments including

Mandi Parishad in regard to the appointments made in past six months by a

letter dated 20th November, 1997. Relevant informations were furnished by

the Director of the Mandi Parishad whereafter the State sought for further

informations and details regarding the appointments made in the Mandi

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Parishad and Mandi Samities by a letter dated 17.3.1998. Such informations

were sought for by the State again by a letter dated 18.5.1998. On or about

12.2.1999, an order was issued by the State directing that services of all such

employees who had been irregularly appointed during the period 1.4.1996 to

30.10.1997 be cancelled on last-come-first-go-basis stating:

"1. The irregular appointment made in the Mandi

Parishad and Mandi Samities during the period

w.e.f. 1.4.96 to 30.10.97 should be cancelled

immediately. The following course should be

adopted to terminate such appointments:

(a) There is no legal impediment in terminating

the service of the employee concerned after

cancelling the appointments which have been

made without any created/ sanctioned post but the

reason therefor shall have to be recorded in the

order.

(b) There is no legal impediment in terminating

the service after cancelling the appointments of

such persons as did not have educational

qualifications pre