- (1.) Petitioner before this Court made an application for being appointed in Rajya Krishi Utpadan Mandi Parishad, Lucknow. On the basis of the application so made by the Petitioner, without following any procedure known to law and without there being any advertisement, the Petitioner is stated to be appointed. The Hon'ble Supreme Court of India has repeatedly held that direct recruitment in institutions, which answer the meaning of State under Article 12 of the Constitution of India, without any advertisement are violative of Article 14 of the Constitution of India.
(2.) However, it is not necessary for this Court to dilute any further facts on the aforesaid aspect of the matter, for the facts as are on record of the present writ petition. From the records it is established that the Petitioner proceeded on leave between 21.1.1983 to 12.7.1985 i.e. for more than two years and six months. According to the Petitioner he rejoined on 12.3.1985 and made an application for the leave being sanctioned. It is stated that repeated correspondence was entered into for the purpose. On record is a letter of the Deputy Director (Administration) dated 4th July, 1987 which records that the application addressed to the Additional Director (Administration), Krishi Utpadan Mandi Parishad, Lucknow, qua sanction of leave to the Petitioner, has yet not been granted, and the Petitioner is requesting for regularization, therefore, appropriate orders may be passed on both the aforesaid aspects of matter.
(3.) There is nothing on record to establish that such leave was ever granted to the Petitioner till the date of issuance of the order of regularization, which has been enclosed as Annexure-15 to the writ petition. The order of regularization records that the services of the Petitioner are being regularized under the U.P. Regularization of Ad hoc Services (On Posts Outside the Purview of the Public Service Commission) Rules, as amended in the year, 1989. Under the aforesaid order of regularization it was specifically provided that the regularization, which is being offered to the Petitioner is subject to the orders which may be passed by the Court in the pending writ petition and the services of the Petitioner may be terminated without any notice in writing and that his seniority shall be determined in accordance with the Rules thereafter. According to the Petitioner a seniority list was published qua the employees working in the Krishi Utpadan Mandi Parishad on the post of Typist-cum-Clerk. The Petitioner was allotted a place in the seniority list having regard to the date of regularization of his services i.e. dated 20th October, 1990. This, according to the Petitioner, was illegal. He claims that his past services between 1981 to 1990 are also be taken into account for determination of his seniority. He, therefore, made a representation. The representation has been rejected under order dated 27.4.1991. It is against this order that the present writ petition has been filed.;