ARVIND KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) SHRI Ashok Khare, learned Senior Advocate has appeared for the appellants. Dr. Y.K. Srivastava, learned Standing Counsel of the State of U.P. has appeared for the respondents.

(2.) ALL these Special Appeals seek to challenge the judgment and order dated 6.5.2005 passed by a learned Judge of this Court in Civil Misc. Writ Petition No. 46812 of 2003 and other connected petitions, whereby the learned Judge has dismissed the writ petitions filed by the appellants herein. Though the writ petitions have been dismissed, the learned Judge has declared the proviso to Rule 8 (3) of the U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 (in short 'Rules 1974') ultra vires the provisions of Article 16 of the Constitution of India and quashed the same.

(3.) BY the time, these appeals came up for final hearing, certain subsequent developments had taken place and they have been placed through a counter affidavit affirmed by one Smt. Neeti Sharma, Deputy Superintendent of Police (Legal Cell), U.P. Police Headquarters, Allahabad and the rejoinder affidavit filed by one Arvind Kumar who is one of the appellants. Through these affidavits, it has been pointed out that whereas the posts which were advertised in the year 2003 were the posts of Constable (Ministerial), now the State Government has decided not to appoint candidates on the post of Constable (Ministerial) and there will be appointment on the post known as Assistant Sub Inspector (Ministerial). Reliance is placed on the Government communication dated 8th May 2006 issued by the Secretary, Government of U.P. to the Director General of Police. In this communication, it is recorded that as against 134 sanctioned posts of Constable (Ministerial), in fact 982 Constable (Ministerial)/Paid Apprentices were actually working. The posts of Constable (Ministerial) were actually carrying fixed pay of Rs. 3.050/-. Now, it is proposed that the Assistant Sub Inspector (Ministerial) will be given pay scale of Rs. 4,000-100-6,000 and all the persons working on the post of Constable (Ministerial) will be given this pay scale of Rs. 4,000-100- 6,000 and all future vacancies will be adjusted towards these posts of 982 posts of Assistant Sub Inspector (Ministerial). It is further stated in Clause (4) of the communication/direction dated 8th May, 2006 that in future, there will be no appointment on the post of Constable (Ministerial)/Paid Apprentice on the fixed pay of Rs. 3.050/-, though further appointments in the Cadre will be effected only after new Rules are framed.