RADHEY SHYAM Vs. CHIEF ENGINEER

JUDGEMENT

(1.) Heard counsel for the parties and perused the record.

(2.) The petitioner was working in the office of Superintending Engineer, Rural Engineering Service, Allahabad Circle (hereinafter called as R.E.S.) since 1.12.1987 against a substantive post on adhoc basis. He was appointed on 9.1.1991 against a vacant substantive post of peon, a class IV post in the office of Superintending Engineer, R.E.S. and was confirmed on the post vide Order No. 81 dated 27.4.1996 (Annexure No.2 to the writ petition). Five persons namely, Sri Gyan Dutt Kushwaha, Sri Shiv Kumar, Sri Harish Chandra Pal, Sri Virendra Kumar and Sri Raj Kishore Bharti who were appointed in other circle in regular vacancies, were the adhoc appointees. All of them were working as peon/class IV employees and got their transfers from other circles and joined the Allahabad circle of R.E.S. on 16.6.1994, 5.5.1999, 8.5.1999,1.7.1993 and 12.7.1996 respectively. It is alleged that since there were only four sanctioned class IV posts in the Allahabad Circle office of R.E.S. Sri Shiv Kumar, Sri Harish Chandra Pal, Sri Virendra Kumar and Sri Raj Kishore Bharti who were earlier transferred from other circles to Allahabad Circle vide order dated 5.2.2000 passed by respondent no. 1 so that there may not be any surplus class IV employees in Allahabad Circle.

(3.) Aggrieved by their adjustment/transfer order dated 5.2.2000 Sri Virendra Kumar and Sri Raj Kishore Bharti filed Civil Misc. Writ Petition No. 7940 of 2000 and Sri Shiv Kumar and Sri Harish Chandra filed Civil Misc. Writ Petition No. 7941 of 2000 before this Court. By order dated 15.02.2000 the effect and operation of the aforesaid order No. 206 dated 5.2.2000 of respondent no.1 was stayed by this Court.