HARISH CHANDRA CHAUHAN Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner was initially appointed as Assistant Engineer [E/M] in the U.P. Palika Centralised Services on 28.10.1977 and worked on the above in various districts of the State. In 1980-81 Kanpur Urban Development Project with the financial assistance of the World Bank started and in this respect, it is said that an Agreement was also executed between the World Bank and State of U.P. As a consequence of this Agreement, by the G.O. dated 14.6.1984 read with G.O. dated 23.6.1984 a City Cleansing Department was created having one post of Director and a post of Deputy Director in addition to other staff. Petitioner being the senior most Mechanical Engineer at Kanpur was appointed as Deputy Director on 23.2.1985. In absence of any regular Director, one Sri J.C. Seth, who at that time was holding the post of Up Nagar Adhikari, Kanpur was given the charge of Director, City Cleansing and thereafter Chief Engineer, Shri Sudhir Mehta took the charge of Director. On retirement of Shri Sudhir Mehta, the post of Director, City Cleansing, which was a non-centralized post was advertised in the year 1986. On the recommendations made by the Administrator [Mukhya Nagar Adhikari ] and Mayor, Kanpur the State Government considered the candidature of the petitioner alongwith others.As the petitioner was found fit, the State Government appointed the petitioner on the aforesaid post of Director, City Cleansing in the pay scale of Rs. 3700-5000.

(2.) Admittedly, petitioner continued to function as Director [City Cleansing], which was a non-centralized post. On 20.3.1992, the State Government amended the U.P. Palika Centralised Service Rules, 1966 by U.P. Palika [Centralised Services](Seventeenth Amendment) Rules, 1992. By the aforesaid amendment, Rule 3 of the Services Rules, 1966 was also amended and the post of Director and Deputy Director, City Cleansing were also included in the Centralised Services. In pursuance of the aforesaid amendment in Rule 3 of the Service Rules, 1966, the State Government passed the order dated 23rd May, 1992 for absorption of the petitioner on the post of Director under Centralised Services. According to the petitioner, he became permanent in view of the G.O. dated 3.4.1979.

(3.) The grievance of the petitioner is that without affording any opportunity or show-cause, the order dated 8.3.1994 has been issued. By the impugned order dated 8.3.1994, the notification dated 20th March, 1992 has been rescinded and in the process the post of the Director, City Cleansing came out of the Centralised Services. As a consequence whereof, the petitioner was placed on his earlier post of Executive Engineer and given posting in Nagar Mahapalika, Kanpur.