- (1.) HEARD Shri H.R. Mishra, Senior Advocate assisted by Shri Sant Ram Sharma for the appellants. Shri S.F.A. Naqvi appears for the petitioner -respondent No. 1. Learned Standing Counsel appears for respondent Nos. 2 and 3.
(2.) THE Nagar Panchayat, Oran, District Banda through its President, and the Executive Officer, Nagar Panchayat Oran, District Banda, are aggrieved by the Judgment of learned Single Judge dated 8.12.2005, by which the writ petition filed by the petitioner -respondent Shri Harihar Kripalu Tripathi was allowed and the order dated 6.1.2004 passed by the State Government to terminate the services of petitioner -respondent appointed illegally and the consequential order dated 24.12.2004 passed by the Chairman of the Nagar Panchayat, were quashed. Learned Single Judge has in his short Judgment found that the petitioner was initially appointed on 31.1.1987 as Clerk on daily wage basis. He continued thereafter in one or the other capacity, and was regularized on temporary basis by the order dated 5.12.1995. He was confirmed on the post of Clerk on 2.1.1998 in the pay scale of Rs. 950 -1500. His services were thereafter terminated on the ground that his appointment was illegal. The Court held that since the petitioner was a confirmed employee, his services could not have been terminated without holding disciplinary enquiry.
(3.) SHRI H.R. Mishra, learned Counsel appearing for appellants submits that the petitioner -respondent's appointment was litigious in nature. He was initially appointed on daily wages on 30.1.1987 upto 30.4.1987. The State Government rejected the proposal of the Chairman dated 1.6.1987 recommending his appointment on 3.5.1989. He was removed by the District Magistrate on 19.5.1989. Another recommendation dated 19.6.1989 made by the Chairman was turned down by the State Government on 3.7.1984. He was again removed by the District Magistrate on 17.7.1989. The petitioner obtained an interim order on 3.8.1989 in Writ Petition No. 14850 of 1989. During the pendency of the writ petition, by Government Order dated 3.2.1992 the State Government decided to regularise the services of Class III and Class IV employees working in local bodies on daily wages. In Writ Petition No. 5653 of 1994 an interim mandamus was issued to either regularize the petitioner -respondent or show cause. A counter affidavit was filed stating that he was not qualified and eligible giving the history of his daily wage appointment. The Chairman, however, without waiting for the orders of the Court on his own, regularized him temporarily on 5.12.1995 and also confirmed on 2.1.1998.;