(1.) HEARD Sri Pradeep Hairiya, learned counsel for the petitioners and Sri N. P. Sah, learned Standing Counsel for the respondents. During the pendency of the writ petition, petitioner no. 1 moved a withdrawal application and therefore as far as petitioner no. 1 is concerned writ petition by petitioner no. 1 stands dismissed. This order is being passed in respect of writ petitioner nos. 2 and 3 only.
(2.) THE petitioners were appointed as Waterman in Home Guards Department in the erstwhile State of Uttar Pradesh in District Nainital. It was a district level cadre appointment. All the same, the petitioners allege that they were appointed on the recommendations of a duly constituted selection committee and thereafter appointment letters were issued to them on 31.8.1988. All the same, vide order dated 27.1.1989 their services were terminated. At the relevant time, not only the petitioners but as many as 19 other persons were also affected by the relevant orders, who consequently approached the Hon'ble High Court of Judicature at Allahabad, challenging the said order dated 27.1.1989. A learned Single Judge of that Court vide order dated 9.4.1991 allowed the writ petition on the ground that principle of natural justice and fair play has been violated, though liberty was granted to the respondents to consider the case of the petitioners in accordance with law after giving them an opportunity of hearing. The order of the learned Single Judge, inter alia, states as follows :-