- (1.) WE have heard Shri Shashi Nandan assisted by Shri Udyan Nandan for the petitioners-appellants. Learned Standing Counsel appears for the State respondents. Shri Vivek Verma appears for Nagar Nigam, Varanasi.
(2.) SHRI Anil Kumar Dubey and SHRI Sunil Kumar Srivastava-the petitioners- appellants in Special Appeal No. 1283 of 2010, and SHRI Rishikant Sharma-the petitioner-appellant in Special Appeal No. 1902 of 2008, were appointed as Vaccinator in Nagar Mahapalika, Varanasi (now Nagar Nigam, Varanasi). Their services were terminated in January, 1997 by the Mukhya Nagar Adhikari, Nagar Nigam, Varanasi on the grounds that they were appointed after issuance of the Government Order dated 6.7.1983, by which the State Government had given directions, that no one should be appointed in the scheme on the posts, which were created for appointment as 'Multi-Purpose Workers'. The Writ Petition No. 2174 of 1997 filed by SHRI Sunil Kumar Srivastava and another, and Writ Petition No. 5297 of 1997 filed by SHRI Rishikant Sharma against the State of UP and the Nagar Nigam, Varanasi, were dismissed by learned Single Judge, giving rise to intra-Court appeals under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952. Brief facts giving rise to the writ petitions are that Shri Sunil Kumar Srivastava was appointed as Paid Apprentice Vaccinator on 18.12.1984 for a period of three months, which was twice extended. He was appointed on ad hoc basis w.e.f. 3.10.1985 with one of the conditions that his services can be terminated at any time without prior notice. On the recommendations of the Selection Committee, he was promoted and appointed on the post of Vaccinator on ad hoc basis w.e.f. 24.3.1988. Shri Anil Kumar Dubey was appointed as Paid Apprentice Vaccinator on 24.3.1988 by the District Health Officer, Nagar Nigam, Varanasi on ad hoc basis, on the recommendations of the Selection Committee constituted by the Administrator. He was promoted as Vaccinator by the order dated 23.5.1988.
(3.) SHRI Rishikant Sharma the petitioner in Writ Petition No. 5297 of 1997 was appointed as Paid Apprentice Vaccinator after his selection by the Selection Committee by the Nagar Swastha Adhikari on 13.6.1988. The proposals were initiated for regularization of the services of all the petitioners. In the process of the regularization of services, the office put up a note on which the Mukhya Nagar Adhikari, Nagar Nigam passed an order on 28.12.1996, that since all the petitioners were appointed after the issuance of the Government Orders dated 6.7.1983 and 28.4.1983, by which the State Government has directed that all the appointments on the post of Vaccinator or promotions may be cancelled, and since these Government Orders were violated, in appointments, their services be terminated. Consequently the Mukhya Nagar Adhikari, by the order dated 28.12.1996, terminated the services of Shri Sunil Kumar Srivastava, and Shri Anil Kumar Dubey on 6.1.1997. The services of Shri Rishikant Sharma were terminated by the order of the Upper Mukhya Nagar Adhikari on 29.1.1997.;