RAM GANESH TRIPATHI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) In spite of serious criticism by the High Courts in the earlier proceedings between the parties, that the Government had abused its powers and indulged into favouritism and nepotism, the Government has again tried to frustrate the legitimate rights of the direct recruits in order to favour and protect those ad hoc promotees who are alleged to be relations and favourites of Ministers. Members of Legislative Assemblies and Secretaries to the Government. The wrong committeed is not only required to be set at naught, but the Government also deserves to be criticised for acting in that manner.

(3.) Even though U.P. Palika (Centralised) Service Rules (for short the Rules) were framed in 1966 for recruitment to the various posts mentioned therein and even though under Rule 20 the posts of Sahayak Nagar Adhikaries had to be filled up in equal numbers by promotion and direct recruitment, the Government went on making ad hoc appointments to those posts for ten years. Even when the process of recruitment for the said posts had started in 1976 and in all 14 persons were selected by the Public Service Commission (hereinafter referred to as the PSC) the Government appointed only four persons, including Appellant Nos. 1 to 3 in 1979. The other selected candidates who were not given appointments, therefore, filed Writ Petition No. 279 of 1980 in the Allahabad High Court for a writ of mandamus directing the Government to appoint them. Pursuant to the interim order passed in that petition, Appellant Nos. 4 and 13 and other regularly selected candidates were given appointments. In order to accommodate those direct recruits, the Government was really required to terminate the services of as many ad hoc appointees, including the respondents. Instead of doing so, with a view to favour them, the Government promoted them to the higher posts of Up Nagar Adhikaris on ad hoc basis. The appellants, therefore, challenged promotions of those respondents and other promotees by filing Writ Petition No. 2808 of 1980 in the Allahabad High Court on 4-3-1982. The High Court allowed the writ petition, quashed the promotion of the respondents and directed the Government to prepare a seniority list and make promotion to higher posts of Up Nagar Adhikaris in accordance with Rules 20 and 21 of the Rules. That order was challenged by the State Government and ad hoc appointees in this Court but their special leave petitions were dismissed.