STATE OF UTTAR PRADESH Vs. JAVA QUDDUSI

JUDGEMENT

(1.) The admitted facts in the present case are that on 26-10-1973, the respondent was appointed as Deputy Superintendent, Government Approved School [now known as 'Juvenile Home']. Applications were invited for the posts of Probation Officers [ad-hoc], on 11-4-1980 from departmental female candidates possessing requisite qualifications. The respondent applied for one of the posts, and pursuant to her selection, was appointed as Probation Officer with effect from 2-6-1980. On 15th February, 1983, she proceeded on maternity leave which was duly sanctioned on 14th February, 1983 by the District Magistrate who is the Controlling Officer under the Probation of Offenders Act, 1958, She resumed her duty on 16-6-1983 on the same post. It appears, however, that on 4-2-1983, an order was passed by the petitioner-State Government terminating her services. According to the petitioners, the termination became necessary because in the meanwhile, there were regular appointments through the Public Service Commission. According to the respondent, the order of termination was not communicated to her before she proceeded on maternity leave and hence the alleged termination should be deemed to have been of no effect and she should be deemed to have continued in service as Probation Officer. This is particularly so because she was allowed to resume service as Probation Officer on her return from leave on 16-6-1983 and subsequently by an order of 1-11-1989, the Additional Director also duly sanctioned the Wary for the entire period of her leave from 15-2-1983 to 15-6-1983.

(2.) It appears that, in between, the Government had passed an order on 26-2-1983 appointing the respondent as ad hoe Probation Officer although she was on leave. She did not, of course, join the service pursuant to this order. Thereafter, another order was passed on 4-6-1983 again appointing her as ad hoc Probation Officer but as stated earlier,since her leave was duly sanctioned on 14 -2-1983 and thereafter regularised by the order of 1-11-1989, it will have to be presumed that she had continued in service as ad hoc Probation Officer from her initial appointment, i.e., on 2-6-1980.

(3.) It further appears that in the meanwhile, U. P. Regularisation of Ad hoc Appointments [on Posts within the purview of U.P. Public Service Commission] [Amendment] Rules, 1984 [hereinafter referred to as the 'Rules'] came into force w.e.f. 22-3-1984. These Rules made the Regularisation Rules of 1979 applicable to the persons appointed on or before 1-5-1983. According to these Rules, those who had put in ad hoc service for three years and were continuing in service on the date of commencement of the Rules, i.e., 22-3-1984, were to be regularised.