(1.) The present petition and a number of other petitions have been filed by the petitioners under Article 226 of the Constitution challenging the order terminating their services as Lekhpals in various circles of different Districts. As many common questions arise in all these petitions, I propose to dispose of all these petitions by one common judgment. There may be certain distinguishing features in each of these cases which will be referred to when dealing with specific cases, if it is necessary to do so.
(2.) Briefly the facts, which have been set out in the affidavit filed in support of the present petition and which are also common to most of the petitions with slight variations with regard to the dates of appointment and the examinations which were held in each case, are that the petitioners were appointed on or about 3-4-53 as Lekhpals on the permanent cadre. In some of the cases there is a dispute whether the appointment is a permanent one or temporary one, but in most of the cases they were appointed on the permanent cadre on the basic pay of Rs. 35/- per month and on combining dear-ness allowance and other allowances their monthly pay came to Rs. 51/8/-. The petitioners carried on their duties. They wore given some practical training in December, 1954. They were called upon, however, to appear in some examinations in 1955-56 and the services of petitioners who failed in those examinations were terminated on giving them a month's notice. The reason given in the notices terminating their services was that they failed to pass the examinations held in 1955 and 1956. It is these notices terminating their services which have been challenged by means of these petitions.
(3.) It is necessary in order to appreciate the points raised in the case to give in brief the history and the events which led the State Government to start the cadre of the present Lekhpals. In 1940 such employees of the State were known as Patwaris. As many as 28,000 of them organised themselves into "The U. P. Patwaris Association". They were originally part-time servants of the State Government in the Revenue Department. After the abolition of the zamindari their services appear to have been in great demand. The association hold meetings and passed resolutions demanding increment in pay and allowances. They made certain representations to the State Government and a large number of them even went on a 'pen down strike' on 9-1-53 with the result that the Government withdrew the official recognition, of the Association on 19-2-53. Thereupon under the new Land Records Manual which was published in Jaunary, 1953, the new rules regarding recruitment, conditions of service and duties of Patwaris were embodied. On 26-1-53 the Association then held a meeting, passed a resolution in protest and it was further resolved that all the Patwaris should submit their resignation on 2-2-1953 with request that they may be relieved of their work by 4-3-53- In pursuance of that resolution, about 26000 of them submitted resignations. The Government, however, decided to accept their resignations and they were relieved of their duties soon after the submission of their resignation even before 4-3-53, and on 5-3-53 the Government announced creation of a new, cadre of Lekhpals and proceeded to recruit personnel for that service. Most of the old Patwaris were also to be included in the new recruitment. The new cadre also includes Patwaris whose record of service was free from blemishes and who had withdrawn their resignations. It is the new Lekhpals who were appointed in pursuance of the new scheme which may be called an emergency scheme of appointment sometimes in April, 1953, who have filed these present petitions challenging the notices terminating their services. On 7-3-53 an order was issued under the signature of the Secretary to Government Uttar Pradesh, Revenue Department laying down the conditions of services of the new Lekhpals who had to be recruited as a result of the reorganisation of the services of the Patwaris. Clause 2(2) of this notification provides that the cadre of the service of Lekhpals would be 2/3rd of the present strength of the Patwaris in each District, and out of this 2/3rd strength 3/4th would be recruited on a permanent basis and the remaining 1/4th on a temporary basis for future adjustments. The temporary appointments had to be made on the clear understanding that they would be terminable at one month's notice from either side. The cadre of new Lekhpals was to be made up of: (a) all Patwaris who did not resign provided they did not attain the age of 60 years on March 31, 1953. (b) the Patwaris who resigned, but withdrew their resignations by March 4, 1953, out of such Patwaris whose resignations had not been accepted till 4-3-53 or before they were ordered to hand over charge; out of those whose resignations had been accepted only those were to be absorbed who had an excellent record of work and who had not taken active part in the agitation.