STATE OF U P Vs. PREM SHANKAR

JUDGEMENT

(1.) THIS order shall govern Special Appeals Nos. 283 and 284 of 1971 both by the State of Uttar Pradesh and the Public Service Commission, U. P. Allahabad, against the order of the learned single Judge allowing the writ petitions of Prem Shankar Bhargava and of R. P. B. Singh and seven others and quashing the impugned order terminating the services of the petitioners as District Statistics Officer.

(2.) THE material facts of the case are that the post of District Statistics Officer in the Directorate of Economics and Statistics has always been and still is temporary. However, in 1958 the scale of pay admissible to them was Rs. 250-850. In 1961, as a matter of economy, all the posts were downgraded with a time scale of Rs. 200-500. The Pay Rationalisation Committee recommended the scale of Rs. 250-600 for this post, which was accepted by the Government. The result was that all the candidates who had applied for the post on the reduced time scale of Rs. 200-500, were sanctioned the pay scale of Rs. 250-600. The selection was made through the Public Service Commission.

(3.) UNDER G. O. , dated 4-4-1967 the Government abolished all the posts of District Statistics Officer in the time-scale of Rs. 250-600 and by the same order created the same posts in the new time-scale of Rs. 300 900. The Accountant General pointed out a difficulty in fixing the salary of the District Statistics Officers with the result that the Government modified the earlier order on 20-2-1969 whereby in spite of the posts being abolished they were upgraded to the scale of Rs. 300-900. After the upgrading of the posts the Government decided to fill in the posts of District Statistics Officers in the new time-scale by direct recruitment through the Public Service Commission in which the erstwhile District Statistics Officers were also to appear. Those approved by the Public Service Commission were appointed District Statistics Officers in the new time-scale and those not found suitable were either reverted or services terminated. It may be that some of them did not appear before the Public Service Commission. The petitioner in Civil Misc. Writ No. 697 of 1970, out of which arises Special Appeal No. 283 of 1971, is Prem Shanker Bhargava, who was not approved by the Public Service Commission and was reappointed after termination of the earlier services to the lower post of Statistical Assistant. R. P. Gupta petitioner No. 3 of the other writ petition, stands in the same category as Prem Shanker Bhargava. The services of R. G. Bali, Murari Singh and Gopal Rai, petitioners Nos. 2, 5 and 7, were terminated. It has not come on record what order was passed in respect of the other four petitioners of Writ Petition No. 698 of 1970. However, they had also been served with notices to appear before the Public Service Commission and they could be retained on the higher scale only when approved by the Public Service Commission.