Ashok Bhushan, J. - (1.) Heard counsel for the petitioner and the learned standing counsel. This writ petition has been filed by the petitioners challenging the orders dated 20.6.1995 passed by the District Magistrate, Ballia Annexure-4A and 4B to the writ petition by which the appointment of the petitioners have been cancelled. Counter and rejoinder affidavits have been exchanged and with the consent of the parties the writ petition is being decided finally.
(2.) The facts of the case as emerge from the pleadings of the parties are that in 1993 an advertisement was issued inviting application for appointment on the post of junior clerk/Assistant Accountant grade-2 and Assistant Cashier. Both the petitioners have applied in pursuance of the said advertisement and were appointed vide appointment order dated 6.12.1993. Both the petitioners joined and they are functioning. It has further been stated in paragraph 5 of the writ petition that the petitioners were also promoted vide orders dated 14.1.1995 and 1.3.1995 on the posts of Assistant Accountant grade-1. On 20.6.1995 the District Magistrate, Ballia passed orders cancelling the appointments of the petitioners. The aforesaid orders dated 20.6.1995 were passed on the basis of the Government order dated 1.6.1995, copy of which is annexed as Annexure-5 to the writ petition and the consequential order dated 9.6.1995 was issued by the Director of Treasuries, U.P. Lucknow. The reasons given in the Government order dated 1.6.1995 directing for cancellation of the appointment is that the appointment of the petitioners was not made by the U.P. Subordinate Service Selection Board and it was stated that the appointments made between 25.1.1993 to 24.1.1994 are irregular and directed to be cancelled. Learned standing counsel has filed counter affidavit in which it was stated in paragraph 3 of the counter affidavit that the orders were passed cancelling the appointment in view of the fact that the posts are within the purview of the U.P. Subordinate Service Selection Board.
(3.) The counsel for the petitioners has made two submissions firstly it has been submitted that the posts in question do not fall within the purview of the U.P. Subordinate Service Selection Board and under Section 2 sub-section (1) of the U.P. Subordinate Service Selection Board Act, 1988 only those posts will come within the purview of the Commission for which notification is issued by the State Government in that behalf. Counsel for the petitioners has referred to Section 2 sub-section (1) of the U.P. Subordinate Service Selection Board Act, 1988. In paragraph 19 of the writ petition it has been stated that no notification was issued by the State Government exercising the power under Section 2 (1) with regard to the post of Assistant Accountant grade-II in the Department of Treasury. The counsel for the petitioners contended that the aforesaid order was passed without issuing notice and affording opportunity to the petitioners hence the said orders are void and inoperative against the petitioners.;