SHEKHAR KUMAR YADAV, J. - (1.) To assail correctness of the order dated 06.11.1996 passed by respondent no.3-Assistant Record Officer Obra, District Sonebhadra and circular letter dated 17.09.1996 issued by respondent no.1-Secretary and Commissioner Board of Revenue, U.P. Lucknow (Annexure Nos.5 and 6 respectively), this writ petition under Article 226 of the Constitution of India, has been preferred by the petitioners.
(2.) In a nut-sell, the case of the petitioners are that the appointment of the petitioners were made on 11.07.1996 on temporary basis and petitioners have reported their duties on 12th July, 1996 (copy whereof is annexed as Annexure No.3 to the writ petition), which is evident from the report of Assistant Record Officer Obra. Thereafter, the petitioners were started their functioning on the basis of their appointment letter dated 11.07.1996 on the post of Survey Lekhpal. It is mentioned in the appointment letter that the appointment of the petitioners were made purely on temporary basis and their services can be terminated at any time by given one month prior notice. It appears that, thereafter, the respondent no.1 has issued an order on 17.09.1996 by imposing ban on the appointments and has also directed to the concerned authority that if any appointments/ promotions have been made, the same be cancelled with immediate effect on the ground that certain persons of dissolved Kaimoor Survey Agencies or declared surplus. On 16.10.1995, the Commissioner Varanasi Division has issued a direction to the District Magistrate Varanasi and Mirzapur to give employment of remaining 36 persons belonging to the Kaimoor Survey Agency. All the persons, who were remained, have been absorbed and now not a single employee of Kaimoor Survey Agency is waiting for appointment. It is further alleged that on the basis of order dated 17.09.1996, the Assistant Record Officer-respondent no.3 terminated the services of the petitioners by order dated 06.10.1996 on the basis of absorption/re-engagement of the employee of the dissolved Kaimoor Survey Agency, who have already been engaged and none is remain for giving employment. It appears that Kaimoor Survey Agency was operating in the Division of Varansi for the purpose of survey but Kaimoor Survey Agency has been dissolved and its employees declared surplus. The termination order dated 06.11.1996 refers to a circular letter issued by Commissioner and Secretary dated 17.09.1996 as also a consequential order passed by the Record Officer dated 06.11.1996. Feeling aggrieved, the petitioner have preferred this writ petition before this Court.
(3.) Learned counsel for the petitioners has submitted that the termination order based on the letter dated 17.09.1996 issued by respondent no.1-Secretary and Commissioner Board of Revenue U.P., Lucknow does not exist when the order of termination was passed. The impugned termination order has been passed in violation of principle of natural justice and without affording any opportunity of hearing to the petitioners, therefore, the impugned order has been passed in an arbitrary, discriminatory exercise of powers violating of Article 14 of the Constitution. It is specifically stated that order dated 06.11.1996 passed by Assistant Record Officer have not proceeded by any notice to show cause to the petitioners, which is against the U.P. Temporary Government Servants Rules, 1975.;