SAEED AHMAD KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ravi Kant, learned Senior Advocate, assisted by Sri Rohan Gupta, learned counsel for the petitioners and learned Standing Counsel for the respondents.

(2.) The brief facts of the case, set up in the writ petition, are that petitioner no. 1 was initially appointed in Irrigation Department as a Junior Engineer on ad hoc basis in October, 1978 and was duly confirmed on the said post in 1995, petitioner no. 2 was initially appointed as a Junior Engineer in Rural Engineering Service Department at Bareilly and was confirmed in the said Department and petitioner no. 3 was initially appointed as a Senior Auditor in the office of District Audit Officer (Finance Department) at Deoria.

(3.) When a Minority Welfare Department was created, the State Government has issued a Government Order dated 22.11.1996 to the various Departments stating therein that the applications may be invited from the eligible candidates for the post of District Minority Welfare Officer on service transfer/deputation basis. The petitioners applied for the post of District Minority Welfare Officer through proper channel. Letters dated 15.11.1997 were issued to them informing that they have been selected with the further direction to provide certain details so that the appointment letters may be issued. Thereafter, on 30.12.1997, the appointment letters have been issued, which is Annexure-4 to the writ petition. The appointment was temporary for a period of two years or till the further order, whichever is earlier,on the basis of deputation/transfer of service basis. This appointment order has also been challenged in the writ petition. In pursuance of the aforesaid appointment letters, the petitioners have joined, after being relieved from their parent Department. The Government in exercise of power under the proviso to Article 309 of the Constitution, Uttar Pradesh Minority Welfare Department Gazetted Officers Service Rules, 2001 (hereinafter referred to as the ("Rules, 2001") has been framed, which has been notified on 2.7.2001. Part-III of the Rules, 2001 provides procedure for the recruitment. Rule 5 of the Rules, 2001 provides that recruitment to the various cadres of posts in the service shall be made from following sources. In case of District Minority Welfare Officer, 75% post is to be filled by direct recruitment through the Commission and 25% by promotion through the Commission from amongst substantively appointed Chief Waqf Inspector and Senior Waqf Inspector, who have completed ten years service as Chief Waqf Inspector or Senior Waqf Inspector or both on the first day of the year of recruitment. This rule is being challenged in the present writ petition.