STATE OF UTTAR PRADESH Vs. GIRIJA SHANKAR SONAKIYA

JUDGEMENT

(1.) The respondent was appointed as Assistant Engineer in the Uttar Pradesh Public Works Department purely in an ad hoc capacity on 11/9/1972. The post of Assistant Engineer was within the purview of the U. P. public service commission (for short "the Commission").

(2.) During his tenure, the respondent was given an adverse entry for the year 1976-77 and his integrity for that year was also withheld. In the meantime, some posts of Assistant Engineer in the Irrigation Department were advertised by the Commission and the respondent, perhaps being keen to change his status from an ad hoc to a regular employee, also applied for one of the posts. He was interviewed on 29/10/1977. His original certificates, including the High School Certificate, in which his date of birth was also mentioned, were scrutinised and it was found that by an interpolation, the original date of birth, namely, 13/5/1945 was changed to 13/5/1947. This fact was admitted by the respondent before the Interview Board as his date of birth was already recorded as "13/5/1945" in his service-book, maintained in the Public Works Department where he was working as Assistant Engineer in an ad hoc capacity. When the respondent was asked to explain the interpolation, he stated that this was done by his wife. The Commission, vide its letter dated 19-7-1978, debarred the respondent from appearing in any of its competitive examination or selection for a period of five years. The government was also informed of the above fact.

(3.) Since the process of selection through the public service commission, for making regular appointments, invariably took a long time and a large number of hoc employees were working on posts which werewithin the purview of the Commission without being regularised, the State government, in exercise of its power under Article 309 of the Constitution, made the Uttar Pradesh Regularisation of Ad Hoc Appointments (On Posts a within the Purview of the public service commission Rules, 1979. Rule 4, as it existed originally, provided as under: