A.K.Yog - (1.) -Heard Sri Arun Kumar, advocate, for the petitioners and learned standing counsel, on behalf of the respondent No. 1 and Sri B. Dayal, advocate, on behalf of respondent No. 2.
(2.) MANOJ Kumar and five others have filed this writ petition under Article 226, Constitution of India before this Court against impugned order dated 12.3.1999 passed by Secretary (Awas) Government of U. P. rejecting proposal sent by the Meerut Development Authority (called the M.D.A.) for approving creation of six posts of Horticulture Inspector in the M.D.A. and also regularisation of the petitioners, who possessed graduate degrees in Agriculture and fully qualified for holding the post of Horticulture Inspector and were working as daily wager since 1990-91. The petitioners also prayed that their services be not dispensed with or determined during the pendency of the writ petition and further direction be given to the respondents to pay arrears of salary and to continue to pay future salary as per prescribed pay scale for sanctioned post of Horticulture Inspector along with consequential benefits etc. Petitioners submitted that their working has been up to the mark and there was no complaint on that score. At the time of filing present writ petition in this Court passed order dated 12.4.1999 : "Mr. K. R. Singh appears on behalf of respondent No. 1 Mr. B. Dayal appears on behalf of respondent No. 2. They may file counter-affidavits within 4 weeks. Rejoinder affidavit may be filed within two weeks. List on 24th May peremptorily. There shall be an order of status quo with regard to the service of the petitioner till 28th of May, 1999." A statement has been made by the learned counsel for the petitioners that petitioners are still working in the M.D.A. and paid their wages. It will be recalled that U. P. Urban Planning Development Act, 1973 (for short called the Act, 1973) was enacted and development authorities were created in certain towns.
(3.) MEERUT Development Authority was constituted, under the aforesaid Act on 29.8.1977 under Section 3 of the Act, 1973. Section 5 of the Act reads : "5. Staff of the Authority.-(1) The State Government may appoint two suitable persons respectively as the Secretary and the Chief Accounts Officer of the authority who shall exercise such powers and perform such duties as may be prescribed by regulations or delegated to them by the authority or its Vice Chairman. (2) Subject to such control and restrictions as may be determined by general or special order of the State Government, the authority may appoint such number of other officers and employees as may be necessary for the efficient performance of its functions and may determine their designations and grades. (3) The Secretary, the Chief Accounts Officer and other officers and employees of the authority shall be entitled to receive from the funds of the authority such salaries and allowances and shall be governed by such other conditions of service as may be determined by regulations made in that behalf." Section 5A of the Act, 1973, contemplates Centralised Services to be created by the State Government and U. P. Development Authorities Centralised Service Rules, 1985, were framed in exercise of the powers conferred under Section 55 of the Act, 1973.;