R.R.K. Trivedi, J. - (1.) In this bunch of special appeals, judgment dated 8.9.1997 passed by the learned single Judge has been questioned by which Civil Misc. Writ Petition No. 19071 of 1995 and four other writ petitions were finally disposed of. Petitioners in the aforesaid five writ petitions are Junior Engineers serving in Allahabad Development Authority on ad hoc basis for several years. They claimed regularisation of their services as Junior Engineers and payment of regular salary, learned single Judge by the impugned order dated 8.9.1997 disposed of the writ petitions by the following order : "In the aforesaid view of the matter, the nature of exercise in regard to the selection in making ad hoc appointments on regular basis for filling up the substantive vacancies in the posts of Junior Engineers which has been undertaken by the respondent Development Authority cannot be sustained in law. In the result, the questions framed in the earlier part of this judgment are decided accordingly. Vide an interim order of this Court, the implementation of the result of the selection held for making ad hoc appointment on regular basis had been stayed. The entire proceedings culminating in the declaration of the result referred to hereinabove which had been stayed being manifestly illegal and vitiated in law deserves to be and are hereby quashed. The respondent authority shall now proceed to fill up the substantive vacancies in question expeditiously in accordance with law and taking into consideration the observations and directions indicated hereinabove. In the circumstances, however, it shall be ensured that till the exercise of regularisation in accordance with law is completed as directed herein-above and the vacancies in question are filled up, the services of the Junior Engineers/ petitioners who were in service on 10.2.1992 with three years service to their credit by that date and are still continuing to be in service, shall not be dispensed with and they will be entitled to the payment of salary/wages etc. in the same manner as provided to the Junior Engineers in the case of Ram Kishan (supra) by the Apex Court. The reliefs claimed in the writ petitions except to the extent indicated above shall stand refused. The writ petitions are disposed of finally with the directions and observations indicated hereinabove. There shall, however, be no order as to costs."
(2.) Aggrieved by the aforesaid order, Junior Engineers who were selected for regular appointment by the order of the State Government dated 22.7.1997 have challenged the order in special appeals. State Government has also challenged the order dated 8.9.1997 by filing separate special appeals. Some of the writ petitions have also challenged the order of the learned single Judge by filing separate special appeals challenging that part of the order by which their other reliefs have been refused.
(3.) Before entering into consideration of the questions raised before us challenging the order of the learned single Judge, it is necessary to mention brief facts in which the present controversy has arisen. The facts are that State Government in exercise of its power under Section 4 of U. P. Urban Planning and Development Act, 1973 (hereinafter referred to as the Act) constituted various development authorities for different towns which were declared as development areas under Section 3 of the Act. Section 5 of the Act contained provisions for providing staff to such development authorities. Section 5 is being reproduced below : "5. Staff of the Authority--(1) The State Government may appoint two suitable persons respectively as the Secretary and the chief accounts officer of the authority who shall exercise such powers and perform such duties as may be prescribed by regulations or delegated to them by the authority or its Vice-Chairman. (2) Subject to such control and restrictions as may be determined by general or special order of the State Government, the Authority may appoint such number of other officers and employees as may be necessary for the efficient performance of its functions and may determine their designations and grades. (3) The Secretary, the Chief Accounts Officer and other officers and employees of the Authority shall be entitled to receive from the funds of the authority such salaries and allowances and shall be governed by such other conditions of service as may be determined by regulations made in that behalf. 15A. Creation of Centralised Services--(1) Notwithstanding anything to the contrary contained in Section 5 or in any other law for the time being in force, the State Government may at any time, by notification, create one or more 'Development Authorities Centralised Services' for such posts, other than the posts mentioned in sub-section (4) of Section 59, as the State Government may deem fit, common to all the development authorities, and may prescribe the manner and conditions of recruitment to, and the terms and conditions of service of persons appointed to such service. (2) Upon creation of a Development Authorities Centralised Service, a person serving on the posts included in such service immediately before such creation, not being a person governed by the U. P. Palika (Centralised) Services Rules, 1966 or serving on deputation, shall, unless he opts otherwise, be absorbed in such service.( a) finally, if he was already confirmed in his post, and (b) provisionally, if he was holding temporary or officiating appointment. (3) A person referred to in sub-section (2) may, within three months from the creation of such Development Authorities Centralised Service communicate to the Government in the Housing Department, his option not to be absorbed in such Centralised Service, falling which he shall be deemed to have opted for final or provisional, as the case may be, absorption in such Centralised Service. (4) Suitability of a person absorbed provisionally, for final absorption in a development authorities Centralised Service, shall be examined in the manner prescribed and if found suitable he shall be absorbed finally. (5) The services of an employee who opts against absorption or who is not found suitable for final absorption, shall stand determined and he shall, without prejudice to his claim to any leave, pension, provident fund or gratuity which he would have been entitled to be entitled to receive as compensation from the development authority concerned, as amount equal to( a) three months' salary, if he was a permanent employee ; (b) one month's salary, if he was a temporary employee. Explanation--For the purposes of this sub-section the term 'salary' includes dearness allowance, personal pay and special pay, if any. (6) It shall be lawful for the State Government or any officer authorised by it in this behalf, to transfer any person holding any post in a Development Authorities Centralised Service from one Development Authority to another.";