RAKESH KUMAR PANWAR Vs. STATE OF U P

JUDGEMENT

(1.) In this bunch of special appeals, judgment dated 8.9.1997 passed by the learned single Judge has been questioned by which Civil Misc. Writ Petition No. 19071 of 1995 and four other writ petitions were finally disposed of. Petitioners in the aforesaid five writ petitions are Junior Engineers serving in Allahabad Development Authority on ad hoc basis for several years. They claimed regularisation of their services as Junior Engineers and payment of regular salary, learned single Judge by the impugned order dated 8.9.1997 disposed of the writ petitions by the following order :

(2.) Aggrieved by the aforesaid order, Junior Engineers who were selected for regular appointment by the order of the State Government dated 22.7.1997 have challenged the order in special appeals. State Government has also challenged the order dated 8.9.1997 by filing separate special appeals. Some of the writ petitions have also challenged the order of the learned single Judge by filing separate special appeals challenging that part of the order by which their other reliefs have been refused.

(3.) Before entering into consideration of the questions raised before us challenging the order of the learned single Judge, it is necessary to mention brief facts in which the present controversy has arisen. The facts are that State Government in exercise of its power under Section 4 of U. P. Urban Planning and Development Act, 1973 (hereinafter referred to as the Act) constituted various development authorities for different towns which were declared as development areas under Section 3 of the Act. Section 5 of the Act contained provisions for providing staff to such development authorities. Section 5 is being reproduced below :