GAURI NATH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Rajendra Rai, counsel for the petitioner and learned standing counsel.

(2.) By this writ petition, the petitioner has prayed for quashing of the order dated 31st December, 1999 (Annexure-15 to the writ petition) and the order dated 23rd July, 1996 (Annexure-11 to the writ petition) by which petitioner was relieved from service from the post of Lower Division Clerk. Further, a writ of mandamus to reinstate the petitioner and pay arrears of salary has been claimed.

(3.) The facts of the case as emerge from the pleadings of the parties are ; petitioner claims to be retrenched employee of the Census Department. Petitioner belongs to scheduled caste category. Petitioner states that in pursuance of advertisement dated 1st January, 1993, for the post of clerk in the office of Settlement Officer of Consolidation, Azamgarh, he applied and after interview, was selected and appointed vide appointment order dated 8th February, 1993. The appointment order dated 8th February, 1993, was issued by Sri Beni Prasad. It is stated that Consolidation Commissioner wrote a letter to the Deputy Director of Consolidation, Azamgarh, on 16th April, 1993 informing that irregularity has been committed with regard to appointment in the scheduled caste category by Sri Beni Prasad, Assistant Settlement Officer of Consolidation and from him, explanation be called and appointment be cancelled. It is claimed that Deputy Director of Consolidation submitted report that appointments were made against vacant posts. The Collector, Azamgarh, wrote a letter to Beni Prasad to cancel the appointment, Writ Petition No. 32945 of 1993 was filed by the petitioner and certain other persons praying for payment of salary in which an Interim order was passed on 17th September, 1993, to pay salary or show cause but subsequently the said writ petition was dismissed by this Court on 9th January, 1995. On 23rd July, 1996, a notice was issued by Settlement Officer of Consolidation directing that petitioner may hand over his charge and the appointment of the petitioner was cancelled. Against the said order, the petitioner filed representation to the Consolidation Commissioner and thereafter come to this Court by means of Writ Petition No. 35633 of 1998, which writ petition was disposed vide this Court's order dated 19th November, 1998 directing the Consolidation Commissioner to decide the petitioner's representation/appeal dated 3rd September, 1996. The representation/ appeal of the petitioner was not being decided despite the order of this Court, hence the petitioner again filed Writ Petition No. 17632 of 1999 which was disposed of on 28th April, 1999, directing the Consolidation Commissioner to decide the appeal/ representation of the petitioner as earlier directed vide this Court's order dated 19th November, 1998. The Consolidation Commissioner has passed an order dated 31st December, 1999 rejecting the representation of the petitioner. While rejecting the representation of the petitioner, it has been held by Consolidation Commissioner that Beni Prasad, Assistant Settlement Officer of Consolidation, who made the appointment of the petitioner, was not authority competent for making appointment, hence the illegal appointment made by him cannot be allowed to continue. This order has been challenged by the petitioner in the present writ petition.