VISHANBHAR NATH TIWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Siddharth Khare, the learned counsel for the petitioners and the Chief Standing counsel for the respondents. Thirty one petitioners were appointed on a temporary basis on substantive posts in various departments of the State Government. The appointment letters were issued by the District Magistrate. In the case of Vishambhar Nath Tiwari, an appointment letter dated 11.8.1997 was issued directing him to work in the office of the District Supply Officer. Similar appointment letters were issued to the other petitioners. It transpires that pursuant to some complaint being made, an enquiry was instituted and, on that basis, an order of termination dated 6.11.1997 was passed invoking Rule 3 of the U.P. Temporary Government Servants (Termination of Service) Rules, 1975 (hereunder referred to as the Rules of 1975) on the ground that since their appointment was temporary in nature and since their services were no longer required, their services were terminated after giving one month's pay in lieu of notice. The petitioner, being aggrieved by the said order, filed the present writ petition, in which an interim order was passed staying the order of termination.

(2.) As a result of the interim order, the petitioners continued to work as employees and were being paid the salary. More than 15 years have elapsed and the petitioners are continuing in service without any complaint.

(3.) Having heard the learned counsel for the parties, the Court finds from a perusal of the appointment letter that the petitioners' appointment was made on a substantive post, but on a temporary basis. The question which arises for consideration is, whether the Rules of 1975 can be made applicable in the case of the petitioners.