ANIL MATLAL RAWAT Vs. STATE OF U P

JUDGEMENT

(1.) By this writ petition the petitioners are challenging the order dated 31.1.2006 passed by respondent no.2, Sub Divisional Magistrate, Bansdih Ballia whereby the appointment of the petitioners has been set aside and regularization of services of the petitioners has also been set aside.

(2.) The facts of the case, in brief, are that the petitioners were engaged as sweepers (safai karmchari) in the Nagar Panchayat Maniyar, Ballia. Their case is that there were 16 sanctioned posts of safai karmchari in the Nagar Panchayat Maniyar, Ballia and only four regular employees had been appointed against the sanctioned posts. Considering the requirement of job the Executive Engineer, Nagar Panchayat, Maniyar, Ballia recommended to the Chairman, Nagar Panchayat, Maniyar Ballia for making appointment of six safai karmcharis. It is also stated that the Chairman, on this recommendation fixed 27.1.2001 as the last date for submission of applications for appointment on the said posts and 28.1.2001 was fixed for interview. The Executive Engineer also issued a memo dated 17.1.2001 which is stated to be information to the general public inviting applications from interested candidates. On the basis of the interview a Select List of six safai karmcharis was prepared and a recommendation was made for appointment of the petitioners in terms of the select list dated 28.1.2001. The petitioners were approved for appointment. and finally appointment letter was issued to them in pursuance of the approval granted on 30.1.2001 and consequently they joined their duties on 1.2.2001. However, when no salary was paid to the petitioners, they approached the Sub Divisional Magistrate, Bansdih, Ballia and also submitted a detailed representation on 31.7.2005 addressed to the Chairman/ Executive Officer, Nagar Panchayat, Maniyar, Ballia. They also approached the District Magistrate regarding payment of salary. Finally when no action was taken Writ Petition No.61414 of 2005, Anil Rawat and others vs. State of U.P. and others was filed, which was disposed of by the High Court by order dated 16.9.2005 with a direction to the District Magistrate, Ballia to decide the representation of the petitioners by a reasoned and speaking order. Thereafter a contempt petition was also filed in which notices were issued by the High Court to the District Magistrate, Ballia on 4.1.2006. Ultimately the impugned order dated 31.1.2006 was passed by the Sub Divisional Magistrate, Bansdih, Ballia. Hence the present writ petition.

(3.) I have heard Sri Shesh Kumar, learned counsel for the petitioners and learned standing counsel appearing for the State-respondents.