U. P. Town Avam Notified Area Kendriyat Sewa Sangh, Amraudha, Kanpur Dehat, Through Its General Secretary v. State of U. P. through Secretary, Avas Avam Vikas, Lucknow
1986-01-28
G.B.SINGH, S.S.AHMAD
body1986
DigiLaw.ai
JUDGMENT S. S. Ahmad, J. - The petitioners were apparently appointed on adhoc basis on the posts in question prior to 151983. Their grievance in the petition is that the posts on which they are working have been included in the advertisement contained in Annexure1 and 2 in pursuance of which direct appointments will be made and they will have to compete with the outsiders who apply for these posts in response to the said advertisement. They claim the benefit of the U. P. Regularisation of AdHoc appointments (on posts outside the purview of the Public Service Commission) Rules, 1979. 2. The instructions given by the State Government to the Standing Counsel which were placed before us are as follows : "Rule 31 of the U. P. Town Area and Notified Area Committees (Centralised) Services Rules, 1976 provides temporary arrangements with regard to the appointment of Secretaries of the Town Area/ Notified Area Committees for a period of six weeks beyond which the State Government shall make officiating arrangements. Some of the Secretaries appointed under rule 31 either by the District Magistrate or by the Government prior to 151983 are still continuing in the same capacity without any break. An advertisement was published by Government, to the effect that the selection will be held shortly to select suitable candidates to .fill up certain vacancies of the Secretaries of the Town Area/Notified Area Committees in U. P. It was indicated in the advertisement that the candidates already working under rule 31 of the aforesaid rules should also submit their applications .through their District Magistrates concerned. It had also been indicated in the advertisement that the maximum age limit of the candidates who are already working under rule 31 will be relaxable to the extent to which they have pat in as continuous service on the post of Secretary. The main point raised by the petitioner is that We candidates who have been working on the post of Secretaries for more than four years have also been required to put in their applications for selection which is illegal because they have acquired the status of confirmed employees.
The main point raised by the petitioner is that We candidates who have been working on the post of Secretaries for more than four years have also been required to put in their applications for selection which is illegal because they have acquired the status of confirmed employees. In this connection, it may be stated that the U. P. Regularisation of Adhoc Appointments (on the posts outside the purview of the Public Service Commission) (Amendment) Rules, 1984 was notified by the personnel Department of the Government of U. P. vide Notification dated 2231984 which provides regularisation of the employees who have been Continuously working since or prior to 151983. The effect of this Rule is that those who have been working on a post since 151983 or prior to it, should be regularised on the basis of their dates without being required to compete with outside candidates. The intention of the Government is not to ignore the provisions of the rules framed by the Personnel Department of the Government. In this connection it may be stated that a demiofficial letter was issued to all the, District Magistrates by name (dated 1511985) in which they were required to furnish information to the Government. In the first paragraph of that D. O. letter it had been made clear that the information asked for by the Government is required in connection with the regularisation of the Secretaries appointed under Rule 31 between 1177 to 1583 and for filling up of posts which fell vacant after 158 . A similar G. O., dated 211285 was issued to all D. Ms. in which they were required to furnish detailed information to Government in respect of all categories of Secretaries, both permanent and officiating. It was also made clear, that the information was required in connection with the regularisation/filling up of vacant posts. The information asked in the above two Government orders was not received from all the District Magistrates. With a view to eliciting correct information from the District and also with a view to cross verify the said information it was made incumbent in the 'advertisement that those working under Ru1e 3l should also put in 'their applications through D. Ms. The intentionwas simply to ensure that no such candidata is left out.
With a view to eliciting correct information from the District and also with a view to cross verify the said information it was made incumbent in the 'advertisement that those working under Ru1e 3l should also put in 'their applications through D. Ms. The intentionwas simply to ensure that no such candidata is left out. The intention of the Government is to abide by the rules framed by the Department of Personnel regarding, regularisation of candidates who have been continuously working, on their posts since or prior to 1583 in accordance with the provision of the rules on the basis of their past records. Those appointed after 1583 will, however, be required to compete with outside candidates. It has been provided in the advertisement aforesaid that the maximum age limit of the Candidates working under Rule 31 will Be relaxable by the period which they have put 'in as continuous service on the post of the Secretaries. The contention of the petitioner that they will become over age and will not be eligible for the post of Secretary is unfounded. The petition has, therefore, no forehand is liable to be dismissed." 3. In view of the above instructions it is apparent that the petitioners, who are working on the posts from before 151983 on ad hoc basis, will be considered for regularisation under the above Rules and they will not be required to compete with outsiders for regular appointment. Since the posts, on which the petitioners are working, are not to be filled up in pursuance of the advertisement contained jip Annexure 2, it is no longer necessary to issue any direction to the opposite parties, as the opposite parties themselves ; have indicated that the petitioners would be considered for regularisation under the Rules of 1979 referred to above. 4. In view of the above, the petition is disposed of finally in the manner indicated above. (Petition decided accordingly)