UMA SHANKER SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This bunch of 32 petitions was heard together for convenient disposal by a common judgment in view of the fact that these writ petitions raise common questions of law and are based on a common cause of action.

(2.) A Non-Formal Education Scheme was initially introduced by the Central Government in the year 1979-80 for imparting education to children in the age group of 6 to 14 years, who either did not attend any school or who after joining left the school before completing primary education. Initially the expenses incurred in the scheme were shared by the State Government and the Central Government in the ratio of 50 : 50 but later on, it was revised to 40% : 60% and subsequently 10% : 90% in the case of girl students. The scheme was implemented in the State of U, P. under the Director of Education (Basic) U. P. It is not disputed that in order to successfully run the scheme, certain posts including the posts of supervisors were created at various levels vide Government Order No. 6764/15 (5-81-562/70) dated 11.8.1981, to supervise the work at various centres. Appointments to posts of supervisors were made vide Government Order dated 11.2.1982 (Annexure-1 to the Writ Petition No. 12879 of 2001). The scheme itself being temporary, appointments were made purely on temporary and on ad hoc basis liable to be terminated at any time without notice. Later on in the year 1987-88, the aforesaid scheme was modified and it was given the share of a project and in order to meet the requirements of the project known as Non-Formal Education Project, various posts were created by Government Order No. 1625/ 1515/ 88-351-07 dated 30.3.1988, copy of which has been annexed as Annexure-CA-1 to the counter-affidavit filed in Writ Petition No. 12879 of 2001. The posts so created included the post of Project Officer at project level and since the project itself was temporary in nature, the Government order aforestated clearly visualised that all the posts would be temporary liable to be abolished at any time without any prior information.

(3.) It is not disputed that posts other than the posts of Project Officer (Pariyojana Adhikari) had their equivalent posts in the education department under the Directorate of Education, U. P. and accordingly, all the posts other than posts of Pariyojana Adhikari were filled on deputation by transfer of officers/officials holding equivalent posts in the regular education department and since the post of Project Officers did not have any equivalent posts in the regular department, the Government vide Order No. 2930/1515/88-15/88 dated 15.7.1988 appointed a selection committee empowered to select Project Officers. The essential qualification for the posts were prescribed in the Government order aforestated with a stipulation that persons appointed as Project Officers would be bound to work for at least three years and further that on cessation of the project, their services would automatically come to an end. Supervisors already working under the old scheme of non-formal education were made eligible for being considered for appointment to the post of Project Officers with a stipulation that on the project coming to an end, the services of the Project Officers would automatically be terminated without any prior notice. All the persons, who applied and were selected for appointment gave an undertaking to the effect that on being selected for appointment to the post of Project Officers, they would continue on the post at least for a period of three years and that in the event of the project coming to an end, their service would automatically stand terminated. Indisputably, there was no mention in the Government order by which the posts of Project Officers were created that the posts of Project Officers were ex-cadre posts but in the appointment letters dated 13.8.1999 and 27.2.1991, the appointees were described as if on deputation. It is also borne out from the material on record that most of the petitioners were initially appointed for the First time as supervisors under Non Formal Education Scheme or Adult Education Scheme excepting some who were although selected as 'Sub Deputy Inspectors of Schools (petitioners of Writ Petition No. 12851 of 2001 and petitioners of Writ Petition No. 17100 of 2001) ; Assistant Teacher in L.T. grade (petitioners of Writ Petition No. 21308 of 2O01) ; Agriculture Extension Teacher (petitioners of Writ Petition No. 13906 of 2001) ; and Lecturer (petitioner Nos. 1 to 9 of Writ Petition No. 17100 of 2001) in the regular education, department but granted appointment as supervisors in the Non-Formal Education Scheme and later on as Project Officers. The writ petitioners were working as Project Officers (Non-Formal Education) in the pay scale of Rs. 6,500-10,500 as on 31.3.2001.