LUCKNOW NAGAR NIGAM Vs. STATE PUBLIC SERVICE TRIBUNAL

JUDGEMENT

(1.) Both the writ petitions under Article 226 of the Constitution of India have been filed seeking quashing of the impugned judgement and orders dtd. 16/8/2021 passed by the State Public Services Tribunal (for short "the Tribunal"), whereby the claim petitions filed by Rajesh Kumar and Sachin Kumar (hereinafter referred to as "the answering opposite parties no.2") impugning the orders dtd. 27/8/2016 along with consequential orders dtd. 8/9/2017 and 27/11/2019 cancelling their appointment letters, have been allowed. Brief Facts:-

(2.) Nagar Nigam, Lucknow issued an advertisement to fill up 72 backlog posts for clerical cadre under Other Backward Class, Scheduled Caste and Scheduled Tribe categories, which includes 40 posts for Other Backward Class category, 27 posts for Scheduled Caste category and 5 posts for Scheduled Tribe category. In the advertisement, the requisite qualification has been prescribed that the candidate should have possessed Intermediate qualification with 25 words per minute Hindi typing speed. In pursuance of the aforesaid advertisement, answering opposite parties no.2 applied from Other Backward Class and Scheduled Caste category and cleared the written examination. Thereafter, call letters were issued to the answering opposite parties no.2 for typing test vide letter dtd. 13/10/2009. Answering opposite parties no.2 were successful in typing test and, therefore, they were called for interview on 12/4/2010 and 24/4/2010 respectively. Thereafter, select list was prepared by the selection committee and the cut off marks for selection was 32 for Other Backward Class and Scheduled Caste categories, whereas answering opposite parties no.2 had secured 24.14 and 30.86 marks respectively, therefore, they were not selected. However, surprisingly answering opposite parties no.2 were issued appointment letters on 26/2/2011 in spite of the fact that they were not selected and they were given the joining on 9/8/2011 and 6/9/2011 respectively.

(3.) An FIR at Case Crime No.588 of 2013, under Sec. 408 IPC, Police Station Hazratganj, District Lucknow came to be lodged on 28/12/2013 against the employees of the Nagar Nigam, who were involved in committing the fraud in issuing fake appointment letters to the answering opposite parties no.2 and others. On coming to know the factual situation that answering opposite parties no.2 were working though they were not selected, but their appointment letters were cancelled by the competent authority vide order dtd. 27/8/2016.