RAM KISHORE Vs. DISTRICT MAGISTRATE FATEHPUR

JUDGEMENT

(1.) TARUN Agarwala, J. Ram Kishore and fourteen others have filed a writ petition for the quashing of the order dated 7-3-2000 passed by the District Magistrate, Fatehpur, cancelling their appointments as Safai Karmcharis in Nagar Palika Parishad, Fatehpur.

(2.) THE facts leading to the filing of the petition is, that the petitioners alleged that they were appointed as daily wagers in the year 1994 to perform the 'safai work' in the territory of Nagar Palika Parishad, Fatehpur and that, since then, they had been working as daily wagers. It was contended that the State Government issued a Government Order dated 26-6-1992 directing the Nagar Palika Parishad, Fatehpur to regularise the services of the Safai Karmcharis, who were working as daily wagers continuously for three years and who had worked for 240 days in a calendar year. It was alleged that there existed thirteen substantive vacancies on the post of Safai Karamchari and, accordingly, the Executive Officer, respondent No. 2 wrote a letter dated 5-4-1999 to the Employment Exchange to provide a list of eligible candidates for filling up 13 posts of Safai Karmchari. It was also alleged that 11-4-1999 was fixed for the interview but the same was postponed. Subsequently, an advertisement dated 20-9-1999 was published in the local newspaper dated 21-9-1999 inviting applications for 15 posts of Safai Karmchari. THE advertisement indicated that the interview would be held on 3-11-1999. It was alleged that the petitioners applied for the said post and were called for the interview. THE petitioners appeared and were duly selected by a selection committee. An appointment letter dated 16-11-1999 was issued appointing them on a temporary basis for a period of one year. Based on the aforesaid appointment letters, the petitioners joined on 17-11-1999 and are working since then.

(3.) HEARD Sri S. F. A. Naqvi and Sri A. K. Sand, the learned Counsels appearing for the petitioners in Civil Misc. Writ Petition No. 15413 of 2000, Sri Akhilesh Mishra, the learned Counsel appearing for petitioners, Virendra Kumar and others in Writ Petition No. 2864 of 2000, Sri I. S. Singh, the learned Standing Counsel for the State Government and for the District Magistrate and Sri P. K. Singh, the learned Counsel appearing for the Nagar Palika Parishad, Fatehpur and the Executive Officer.