(1.) THE present writ petition has been filed for quashing the order dated 19-10-2001 (Annexure 1 to the writ petition) and a writ of mandamus directing the respondents not to recover the disputed amount on the basis of citation (Annexure 1 to the writ petition ).
(2.) THE facts arising out of the present writ petition is that the petitioner was elected as a President of Nagar Panchayat Roza, District Shahjahanpur, which is known as Railway Settlement Nagar Panchayat Roza District Shahjahanpur. THE petitioner took oath on 1-12-1995 and remained president of Nagar Panchayat Roza till November, 2000 and during his tenure as President the petitioner was authorised to appoint employees in Nagar Panchayat under the provision of United Provinces Municipalities Act, 1916, under Section 70 of the Act which provides that in case of emergency, the petitioner can appoint temporary servants subject to the conditions given in Section 70 of the U. P. Municipalities Act. THE State Government issued an order dated 21-11-1991 through which it was provided that services of retired employees in local bodies should not be extended and they also should not be re-appointed on the basis of contract. Another Government Order was issued on 26-6-1992 by the State Government in connection with the appointment on regular vacancies arising in local bodies and through the said order it was provided that employees from outside can be appointed only when there is no daily wages in the local body.
(3.) AS the counter and rejoinder affidavits have already been exchanged, as such, with the consent of the parties the writ petition is being disposed off.