Raj Mani Chauhan, J. - (1.) Raj Mani Chauhan, J. Heard Sri G.K. Singh, learned counsel for the petitioner and Sri K.N. Saxena, learned counsel for the respondent.
(2.) This Intra Court Appeal has been filed by the Respondent No. 5, the Director, Mansik Arogyashala/Mental Hospital, Agra, District Agra in Civil Misc. Writ Petition No. 48859 of 2002 (Santosh Kumar Gautam and 22 others v. State of U.P. and 4 others) against the judgment and order dated 23.9.2003 passed by the learned Single Judge in the above writ petition whereby he had allowed the writ petition filed by the petitioners.
(3.) The relevant facts giving rise to the present appeal may be summarized as under: The petitioners-respondent Nos.1 to 22 were initially appointed as class IVth employee on different posts like Attendants, Rajmistri, Cook, Game Ardali and Sweeper by the appellant in Mansik Arogyashala/Mental Hospital, Agra which was under the control of Medical, Health and Family Welfare, Department of U.P. Government. Asimilar hospital known as Ranchi Mansik Arogyashala was being run by the Bihar Government. A writ petition No. 448/ 1994 was filed by one Aman Hingorani against Union of India and Others before the Hon'ble Supreme Court in which the Hon'ble Supreme Court directed that the Mansik Arogyashala be converted into autonomous institution which will be managed by a committee of management. In view of the direction of the Hon'ble Supreme Court in the above writ petition, the government of U.P. too decided to convert the Mansik Arogyashala/Mental Hospital, Agra as autonomous institution. Consequently, the government of U.P. got a society registered and converted the Mansik Arogyashala into "Mansik Swasthya Sansthan Evam Chikitsalaya, Agra". The society was registered on 14.11.1996 under the Societies Registration Act. The certificate of registration was thereafter renewed on 14.11.2001. The Mental Hospital, Agra which was being run by the government was thereafter taken over by the society. The committee of management and the new institution became the autonomous body.;