AMIN ULLAH SOCHAN SHEIKH EJAJ AHMAD SOCHAN SHEIKH Vs. DIRECTOR AYURVEDIC AND UNANI SERVICES REGIONAL AYURVEDIC EVAM UNANI OFFICER

JUDGEMENT

(1.) By means of the present writ petition, the petitioners have approached this Court for issuing a writ of certiorari quashing the order dated 15.5.1999 passed by Director, Ayurvedic and Unani Services U.P. Lucknow, and the order of communication dated 8.6.1999 of Regional Ayurvedic and Unani Officer, Mau (Annexures 5 and 6 to the writ petition) and for issuing a writ in the nature of mandamus commanding the opposite parties not to implement the orders dated 15.5.1999 and 8.6.1999 and further issuing a writ in the nature of mandamus directing the respondents to permit the petitioners to continue on their posts as Sweeper-cum-Chaukidar in hospitals and to pay their regular salary to the petitioners as well as the arrears of salary, which is due since 1995.

(2.) The fact arising out of the present writ petition is that the names of the petitioners were enrolled in the Employment Exchange, Mau. The opposite party No. 2 sought the names for making appointment on the post of Sweeper-cum-Chaukidar in Regional Ayurvedic and Unani Hospitals, Mau for their posting in various Ayurvedic and Unani Government Hospitals, Mau. The Employment Officer recommended the name of 103 candidates including the petitioners. The Selection Committee held the selection and recommended the names including the petitioners for making appointment on the post of Sweeper-cum-Chaukidar. It has also been stated that the then Director, Dr. Shiv Raj has also given permission to make the appointments on the post of Class IV employees vide order dated 23.2.1995. In pursuance of the recommendation of the Selection Committee, the appointment letters were issued and the appointment letter dated 7.5.1995 have been annexed as Annexures 3 and 4 to the writ petition. That in pusuance of the appointment letter, the petitioners have joined and regularly worked in the department on the post of Sweeper-cum-Chaukidar. The salary to the petitioners were not paid by the opposite party No. 2 then the petitioners have approached this Court by way of Writ Petition No. 30616 of 1995 (Lal Chand Ram and Ors. v. District Magistrate, Mau and Ors.). This Court on 3.11.1996 was pleased to pass the following orders

(3.) In spite of the aforesaid orders passed by this Court, the Director did not pass any order and no counter affidavit was filed. Ultimately, on 1.5.1998, the aforesaid writ petition was disposed of with the direction to the Director to pass appropriate orders within a period of two months from the date the certified copy is produced. It has been submitted that the copy of the aforesaid order dated 1.5.1998 was submitted before the opposite party No. l along with their representations. The opposite party No. 1 sought report from District Magistrate, Mau, who directed the Settlement Officer, Mau to conduct an enquiry and submit a report. On 20.6.1995, the Settlement Officer Consolidation, Mau without giving any notice or affording any opportunity to the petitioners submitted an exparte report to the District Magistrate, Mau and the District Magistrate, Mau on 10.6.1997 has sent a letter along with report of the Settlement Officer, Mau dated 20.6.1995 to the opposite party No. 1. On the basis of the aforesaid reports the opposite party No. 1 has passed exparte order without any notice or opportunity to the petitioners and the opposite party No. 1 vide order dated 15.5.1999 has cancelled the appointments of the petitioners. The copy of the order dated 15.5.1999 has been filed as Annexure 5 to the writ petition. In pursuance of the order of the opposite party No. 1 dated 15.5.1999, the Regional Ayurvedic and Unani Officer, Mau, Respondent No. 2 has passed an order dated 8.6.1999 terminating the services of the petitioners by a common order and also directed to the respective medical officers where the petitioners are posted to relieve them from their post. A copy of the same has been filed by the petitioners as Annexure 6 to the writ petition. Petitioner submit that the appointment of the petitioners were made after approval by the Director dated 23.2.1995 and the same is still available but the same has not been verified from the record. Petitioners submit that against the order mentioned above, that one Lal Chandra Ram and others has filed a Writ Petition No. 28330 of 1999 and this Court on 16.7.1999 was pleased to pass the following orders: "Heard Sri Satya Prakash, learned counsel for the petitioners. The petitioners were appointed in class (SIC) cadre in Government Ayurvedic and Unani Hospital District Mau. The services of the petitioners have been terminated by order dated 15.5.1999 passed by respondent No. l Director Ayurvedic and Unani Services U.P. Lucknow. This order has been communicated by respondent No. 2 on 8.6.1999. The learned counsel for the petitioners pointed out that the petitioners are still working on the post they were appointed. Let a counter affidavit be filed within six weeks. List thereafter. In the meantime operation of the order dated 8.6.1999 which was passed in consequence of the order dated 15.5.1999, Annexure 10 to the writ petition, shall remain stayed."