MAHENDRA DUTT DUBEY Vs. HIGH COURT OF JUDICATURE

JUDGEMENT

(1.) Fast Track Courts were established all over the country including the State of Uttar Pradesh. The petitioner was appointed by the District Judge, Shahjahanpur as a Clerk on 4th September, 2002 on an ad-hoc basis for a period of 1 year. This appointment was extended from year to year. By a notification dated 28th February, 2005, the Fast Track Courts were abolished. As a result, the services of the petitioner came to an end. The High Court considered the plight of these employees, who were appointed on ad-hoc basis in the Fast Track Courts. The High Court issued a circular dated 15th April, 2005 basically for the purpose of rehabilitating Class-III and IV employees who were appointed on an ad-hoc basis, in these Fast Track Courts. The circular directed the District Judge to fill up the promotional posts in their respective districts as early as possible so that the consequential vacancies could be filled up from these ad-hoc employees on ad-hoc basis till such time regular appointments are not made. The circular further stated that if there are no vacancies in the district then necessary information may be sought from the neighbouring district and if vacancies exists in the neighbouring districts, these ex ad-hoc employees of the Fast Track Courts may be offered appointments on ad-hoc basis. It was also indicated that till such time this process was not completed, no vacancies on the regular post be invited.

(2.) After the issuance of the aforesaid circular dated 15th April, 2005, the Government took a decision to continue with the Fast Track Courts and accordingly, issued a notification on 10th May, 2005 reviving the Fast Track Courts. As a result of this notification, staff was again required for running these Fast Track Courts. The High Court accordingly, issued a fresh circular dated 24th May, 2005 withdrawing its earlier circular dated 15th April, 2005 and directed the District Judge to re-employ the ad-hoc employees who had earlier worked.

(3.) Prior to the aforesaid circular and prior to the abolition of the Fast Track Courts and revival of these Fast Track Courts, it transpires that the services of a Reader and Peshkar of a Fast Track Court in Sahahjahanpur was dispensed with. These persons, against their disengagement, filed a writ petition which was partly allowed, against which, the District Judge, Shahjahanpur filed a Special Appeal No.85 of 2005, which was allowed by a judgment dated 1st February, 2005 wherein the Division Bench held that if there are surplus employees available in the Judgeship from the regular side, the temporary ad-hoc employees engaged in the Fast Track Courts should make room for them. The Division Bench held:-