AJAY KUMAR SAXENA Vs. STATE OF U.P.

JUDGEMENT

(1.) This petition is directed against orders dated 30.11.2012 and 16.8.2012, contained in Annexure 14 and 11 respectively to the writ petition. The first order records that in view of the Government Order dated 23.7.2012, as also the instructions issued by the Principal Secretary, Nagar Vikas, all employees engaged on contract basis (except Safai Karamchari) are discontinued. The second order of the Nagar Palika Parishad, Mathura states that petitioners were initially engaged as Computer Operator on contract basis for a period of 89 days and that they have no right to continue once the State Government has issued a Government Order discontinuing engagement of such persons.

(2.) The aforesaid orders are primarily challenged on the ground that petitioners were validly appointed after the post was advertised and a decision has already been taken to regularize services of such petitioners.

(3.) Nagar Palika Parishad, Mathura is a local body and the appointment offered by it has to be in accordance with Article 14 and 16 of this Constitution of India. A resolution was passed by the Nagar Palika Parishad in its meeting dated 17.1.2007 to authorize the President to engage Computer Operators as there was need to engage such persons. Decision was taken to engage three Computer Operator on contract basis. An advertisement thereafter was published on 7.5.2007 for appointment of three Computer Operator on contract basis on fixed remuneration of Rs.5,000/- per month. It is pursuant to this advertisement that petitioners claims to have been selected after facing recruitment. The initial appointment offered to petitioners was purely on contract basis for a period of 89 days. Petitioners allege that this engagement was extended until further orders by an order of Executive Officer, Nagar Palika Parishad, Mathura, dated 17.11.2007. Report in that regard was also sent to the Director, Local Bodies, Lucknow on 9.12.2010. Nagar Palika Parishad concerned vide resolution no.58, passed on 21.10.2011, approved an agenda note whereby Computer Operators were to be absorbed on the post of Second Grade Clerk. Pursuant to this resolution the petitioners continued to work till the decision was taken by the State Government on 23.7.2012, as per which all illegal and irregular appointments made on contract basis were to be discontinued. It is pursuant to this order of the State Government that a specific order dated 16.8.2012 has been passed by the local body concerned, which is impugned in this petition.