S.R.SINGH, J. - (1.) PETITIONERS in this bunch of 14 writ petitions have, inter alia, prayed for issuance of writ of certiorari quashing the U.P. Backward Classes Welfare Department (Gazetted Officers) Service Rules, 1998 (in short the Rules) in so far as it excludes from the Rules the clause pertaining to absorption/continuation of those officers who have been working from the very inception of the Department on ad hoc basis ; a writ, order or direction in the nature of certiorari quashing the order dated 31 -8 -1999 whereby the petitioners' representation for absorption has been rejected ; a writ, order or direction in the nature of mandamus commanding the respondents not to fill up the posts of 'Zila Pichhara Varg Kalyan Adhikari on the basis of recommendation of the U.P. Public Service Commission ; a writ, order or direction not to fill up the posts held by the petitioners as Zila Pichhara Varg Kalyan Adhikari' and not to interfere, in any manner with their functioning as 'Zila Pichhara Varg Kalyan Adhikari in the Backward Classes Welfare Department ; and a writ, order or direction in the nature of mandamus commanding the U.P. Public Service Commission not to proceed with the final selection in respect of the posts of District Backward Class Welfare Officer held by the petitioners herein on ad hoc basis.
(2.) FACTS necessary to highlight the controversy stated briefly are these: Petitioners herein were working in their respective Departments as confirmed employees. It would appear that on the creation of a new Department known as Backward Class Welfare Department w.e.f. 12 -8 -1995, an advertisement was issued in the newspaper to the effect that appointments for the functioning for the new Directorate in the new Department will have to be made, at the divisional/district levels on the gazetted and non gazetted temporary posts indicated in the notification, for the period commencing from the date of notification or the date of appointment, whichever, happens to be later, and ending on 29 -2 -1996 unless terminated earlier. A letter dated 20 -9 -1995 was issued from the office of the Chief Secretary, U.P. Government, Lucknow visualizing these that the appointments on the post of gazetted and non gazetted posts in the new Department would be made on temporary basis on transfer/deputation from other departments. According to the said communication, 53 posts of District Backward Class Welfare Officer were vacant in various districts. Another letter dated 18 -12 -1995 was issued by the Chief Secretary to various Secretaries and other departmental heads informing them that appointments on the gazetted posts of District Backward Classes Welfare Officer would have to be made on the recommendation by the U.P. Public Service Commission but since it would take time, appointments might be made by way of transfer/deputation from other departments such as Vikas Vibhag, Chikitsa Vibhag, Shiksha Vibhag, and officers who have had sufficient experience and were willing to go to the present posts might be selected for appointment on service transfer/deputation basis. The petitioners, it is alleged, applied and were selected for appointment to the posts of District Backward Classes Welfare Officer which they accepted in the hope that they would later on be absorbed in the department. It is further alleged that though the petitioners are appointed on deputation but no deputation allowance was ever paid to them. Selection, it is further alleged, was made after due recommendation by the department selection committee. Respondents, however, issued an advertisement dated 11 -1 -1999 in the newspaper Rashtriya Sahara inviting applications for regular appointments to the 52 posts of Backward Classes Welfare Officer through Public Service Commission on the basis of a preliminary/final examination. Pursuant to the said advertisement U.P. Public Service Commission completed the selection, the final result of which, it is alleged was expected to come in the first week of May, 2000. Some of the petitioners, it is alleged, preferred representations to the Director, Backward Class Welfare Department to the effect that a provision was made for absorption in the draft Niyamawali known as U.P. Adhinastha Seva Chayan Ayog Vaiyaktik Sahayak Niyamawali, 1995 but the Public Service Commission in exercise of powers under Article 320 of the Constitution of India declined to approve of the clause providing for absorption of deputationist in the U.P. Backward Class Gazetted Officer, Service Rules, 1998. The representation having been rejected by the State Government vide impugned order dated 31 -8 -1999 (Annexure No. 13) to the writ petition No. 49798 of 1999 and the petitioners have approached this Court for the aforesaid reliefs.
(3.) WE have had heard Sri R.N. Singh, Senior Advocate for the petitioners and Sri Ashok Khare, Senior Advocate representing the candidates who claimed to have been selected by the Public Service Commission for the appointment to the posts aforestated. We have also heard Sri Kripa Shankar Singh representing the State.;