- (1.) The respondent was appointed as Assistant Engineer in the Uttar Pradesh Public Works Department purely in an ad hoc capacity on 11/9/1972. The post of Assistant Engineer was within the purview of the U. P. public service commission (for short "the Commission").
(2.) During his tenure, the respondent was given an adverse entry for the year 1976-77 and his integrity for that year was also withheld. In the meantime, some posts of Assistant Engineer in the Irrigation Department were advertised by the Commission and the respondent, perhaps being keen to change his status from an ad hoc to a regular employee, also applied for one of the posts. He was interviewed on 29/10/1977. His original certificates, including the High School Certificate, in which his date of birth was also mentioned, were scrutinised and it was found that by an interpolation, the original date of birth, namely, 13/5/1945 was changed to 13/5/1947. This fact was admitted by the respondent before the Interview Board as his date of birth was already recorded as "13/5/1945" in his service-book, maintained in the Public Works Department where he was working as Assistant Engineer in an ad hoc capacity. When the respondent was asked to explain the interpolation, he stated that this was done by his wife. The Commission, vide its letter dated 19-7-1978, debarred the respondent from appearing in any of its competitive examination or selection for a period of five years. The government was also informed of the above fact.
(3.) Since the process of selection through the public service commission, for making regular appointments, invariably took a long time and a large number of hoc employees were working on posts which werewithin the purview of the Commission without being regularised, the State government, in exercise of its power under Article 309 of the Constitution, made the Uttar Pradesh Regularisation of Ad Hoc Appointments (On Posts a within the Purview of the public service commission Rules, 1979. Rule 4, as it existed originally, provided as under: "4.Regularisation of ad hoc appointments.- (1 Any person who- (I) was directly appointed on ad hoc basis before 1/01/1977 and is continuing service, as such, on date of, commencement of these rules; (Ii) possessed requisite qualifications prescribed for regular appointment at the time of such ad hoc appointment; and (Iii) has completed or, as the case may be, after he has completed three years' continuous service. shall be considered for regular appointment in permanent or temporary vacancy as may be available on the basis of his record and suitability before any regular appointment is made in such vacancy in accordance with the relevant service rules or orders. (2 In making regular appointment under these rules, reservation for the candidates belonging to the Scheduled Castes, Scheduled Tribes, Backward Classes and other categories, shall be made in accordance with the orders of the government in force at the time of recruitment. (3 For the purpose of sub-rule (i) , the appointing authority shall constitute a Selection Committee and consultation with the Commission shall not be necessary. (4 The appointing authority shall prepare an eligibility list of the candidates, arranged in order of seniority as determined from the date of order of appointment and, if two or more persons are appointed together from the order in which their names are arranged in the said appointment order. The list shall be placed before the Selection Committee along with their character rolls and such other records, pertaining to them, as may be considered necessary to judge their suitability. (5 The Selection Committee shall consider the cases of the candidates on the basis of their records referred to in sub-rule (4. (6 The Selection Committee shall prepare a list of selected candidates, the names in the list being arranged in order of seniority, and forward it to the appointing authority. ";