Rakesh Tiwari, Sabhajeet Yadav, JJ. - (1.) The special appeal before us challenges the judgment and order dated 2.04.2004 passed by His Lordship sitting singly in Civil Misc. Writ Petition No. 4811 of 1991 Ram Chandra Singh v/s. Director of Consolidation, U.P. Lucknow and Ors. as well as judgment and order dated 23.9.1991 passed in Civil Misc. Writ Petition No. 21664 of 1991. The Appellant has assailed the judgment and orders on the grounds that since more than three years the Appellant had worked on the post of Lekhpal in the Consolidation Department and there being nothing adverse to his work and conduct, hence according to Government Order issued on 4. 11.1979, he was entitled to be regularised on the post of Lekhpal.
(2.) Sri Sudhakar Pandey, learned Counsel for the Appellant has laid emphasis on the point that the services of one ad -hoc employee cannot be replaced by another ad -hoc employee. According to him the Appellant had been appointed in the vacancy of Lekhpal caused by promotion of Sri Har Prasad Saxena on the post of Consolidator. He submits that in order to terminate the services of the Appellant, Sri Har Prasad Saxena was reverted for a single day i.e. 8.2.1991 so that the services of the Appellant may be terminated on the same day. It is stated that after termination of his service Har Prasad Saxena was again given officiating appointment on the very next date i.e. 9.2.1991 on the higher post of Consolidator for a period of 42 days vide Annexure -8 to the appeal and on the vacancy so caused by promotion of Sri Har Prasad Saxena one Sri Chandra Pal was given ad -hoc appointment as Lekhpal instead of Appellant vide order dated 27.3.1991 for a period of 42 days Annexure -9 to the appeal. It is well settled that both of these persons are continuing on their respective posts till date.
(3.) It is also submitted that several persons junior to the Appellant who were working as officiating ad -hoc Lekhpal have been allowed to continue on their posts while the Appellant who had put for more than three years of satisfactory service as Lekhpal has not been continued malafide. It is stated that it was incumbent upon the officers to have allowed the Appellant to work as Lekhpal once Sri Har Prasad Saxena was promoted again on 9.2.1991 for a period of 42 days as Consolidator.;