MOHD SARWAR Vs. STATE OF U P

JUDGEMENT

(1.) Both these matters are connected involving the common questions of facts and law and, therefore, as requested and agreed by learned counsel for the parties have been heard together and are being decided by this common judgment.

(2.) Writ Petition No. 22087 of 1989 filed by one Mohd. Sarwar (hereinafter referred to as the "first writ petition") stating that he was initially appointed as class-IV employee in Western Mirzapur Forest Division in September, 1975 on daily wage basis and continued to work as Moharrir/Tracer up to December, 1978. vide order dated 8.1.1979 he was promoted as Seasonal Nikasi Munshi in the pay scale of 185-265. The said order further provides that the services shall come to an end automatically on 30.6.1979. Thereafter vide order dated 1.7.1980 he was again directed to work as Nikasi Munshi in a vacancy occurred due to suspension of one Sri Khiladi Singh. The said order was modified on 24.6.1981 and the engagement of petitioner was made for the period the vacancy continued due to suspension of the above employee but the petitioner's engagement was made on contract basis. It was also stated therein that the appointment is purely temporary and on suspension coming to end, he would automatically stand terminated. By means of the impugned order dated 7.11.1989 the petitioner was terminated due to suspensipn of one Sri Mewa Lal having come to an end and he was reinstated. The petitioner challenged the above order of termination contending that he was appointed against the vacancy caused due to suspension of Sri Khiladi Singh and therefore, his termination due to reinstatement of Sri Mewa Lal is illegal since the petitioner was not appointed against a vacancy caused due to suspension of Sri Mewa Lal. He further contended that a person junior to him has been retained but he has been discriminated. Lastly, it is said that since he was continuing from 1975 and in the meantime U.P. Regularisation of Ad-hoc Appointments (On Posts Outside the Purview of Public Service Commission) Rules, 1979 (hereinafter referred to as the "Rules, 1979") were enacted conferring benefit of regularisation to,adhoc appointees who were appointed prior to 1.1.1977 and the said Rules were further amended on 22.3.1984 extending the cut off date to 1.5.1983 and again in 1989 extending the cut off date to 6.10.1986, the petitioner having continuing in service during the aforesaid period is entitled to be regularised.

(3.) This Court while entertaining the writ petition on 21.11.1989 passed the following interim order: