Ratan Bihari and Others v. State of U.P. and Others)
Case Details
HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL No. - 1249 of 2010 State Of U.P. Through Principal Secretary Soc. Welfare And Anr .....Appellant(s) Ratan Bihari And Others Versus .....Respondent(s) Counsel for Appellant(s) Counsel for Respondent(s) : M.C. Chaturvedi Csc : V.K.S. Chandel Court No. - 29 (SL No.97) HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE ANISH KUMAR GUPTA, J.
Legal Reasoning
1. Heard Sri Devesh Vikram, learned Additional Chief Standing Counsel for the appellants and learned counsel for petitioner/respondent herein. 2. The instant intra-court appeal has been preferred against the judgement and order dated 08.05.2009, passed in Civil Misc. Writ Petition No. 50312 of 2008 (Ratan Bihari and Others vs. State of U.P. and Others), with the prayer that the petitioners/respondents, who were working as Class IV Employee in the Government Scheduled Caste/Scheduled Tribes Hostels, which is run and managed by the Department of Social Welfare, Government of Uttar Pradesh, on consolidated wages for their regularization and further for quashing of the order dated 29.07.2008 had also been made. 3. The learned Single Judge, while passing the order dated 08.05.2019 had considered the case for regularization of the petitioners/respondents under the U.P. Regularization of Adhoc Appointments (on post outside the purview the Public Service Commission) Rules 1979 (in short,' Rules, 1979') and allowed 2 SPLA No. 1249 of 2010
Decision
the writ petition considering the long period of their service in the Department. The relevant portion of the order dated 08.05.2009 is extracted below : "It is unfortunate that inspite of long drawn litigation beginning from 1999, and the filing of the several writ petitions, the Director, Social Welfare, Government of U.P. has not given the correct picture in any of his counter affidavits filed on his behalf. He has not given the total number of sanctioned posts of Class IV employees, in the department for the purposes of establishing Scheduled Caste/ Scheduled Tribes Hostels. The Directorate had appointed 102 persons, out of list of 365 prepared, after selctions in 1995 on regular basis. 152 persons were appointed on 10.10.1995 on fixed pay and by appointment orders dated 19.12.1995, 76 person were appointed and another 76 persons were appointed on 29.2.1996 on consolidated pay. All these person were allowed on fixed salary on Rs. 750-950 per month which was later revised on Rs. 2550/- per month. They are however not been paid regular salary except 44 persons in the orders issued from 15.12.2006 to 24.1.2008, out of these 152 persons. Since the regular salary is being paid to these 44 persons, on the directions of the Tribunal and the High Court, the seniority in the select list was not followed. The Director should have provided the details of the number of posts which were sanctioned and were vacant, when the 362 candidates were empaneled. In any case 102 persons were appointed on temporary basis and that 76 on 19.12.1995 and another 76 on 29.2.1996 were appointed with a clear stipulation in their appointment letters, appointing them on consolidated pay that their continuance is subject to sanction of these posts on consolidated pay which was available by that time only upto 29.2.1996. Their services have not been dispensed with so far, raising a presumption that they were continued thereafter. 3 SPLA No. 1249 of 2010 The reasons for which the posts on consolidated pay have not been sanctioned either on permanent or even on temporary basis have not been brought on record. The court is not much concerned here with the regularization of each persons under the Rules of 1879 or the U.P. Regularization of Daily w Ages Appointment on Group 'D' Post Rules, 2001 as all the three petitioners are included in the select list of 1995-96 and were appointed on temporary basis on the posts sanctioned on consolidated pay upto 29.2.1996. The department has accepted the orders of grant of regular pay to all the 154 person appointed on fixed pay on 19.12.1995 and 29.2.1996 and have carried them out of these two lists. There is no mention in these lists that the regular pay has been granted to them awarding sanction of regular posts. In the facts and circumstances brought on the record the Court must presume that since 1996 there must have been sanction of posts and several posts may have been fallen vacant in the department and thus the writ petition is allowed with directions that the services of petitioners at serial No. 15, 202 and 262 in the select list dated 19.9.1995 and thereafter appointed on consolidated pay on the posts sanctioned by the State Government by order dated 19.12.1995 and 29.2.1996 shall be allowed to continue in service. They shall be placed in the regular pay scale with effect of their appointment on consolidated pay with all benefits of increments and allowances and shall be adjusted as and when the posts are sanctioned in the department. If the posts have not been sanctioned so far, the respondents are directed to sanction of post and to adjust the petitioners on such posts as and when they are sanctioned. Their services shall not be dispensed with except on the ground of misconduct. There shall be no orders as to costs." 4. Even though the instant appeal has been entertained way 4 SPLA No. 1249 of 2010 back in the year, 2010, but no interim order was passed in the matter and it remained pending since then, therefore, we find that due to efflux of time the cause for filing the special appeal no more survives. 5. In view of the facts and circumstances, we do no find any infirmity or illegality in the impugned order passed by the leaned Single Judge, which may warrant any interference in the instant appeal. Moreover, due to efflux of time no such relief as prayed in the instant appeal cannot be accorded to the appellant/respondents. 6. Accordingly, the instant appeal is dismissed and consigned to record. (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) September 22, 2025 Shubham Arya Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad