- (1.) ASHOK Bhushan, J. Heard Counsel for the petitioner and the learned standing Counsel. Counter and rejoinder affidavits have been exchanged and with the consent of the parties the writ petition is being finally decided.
(2.) PETITIONER is a graduate and trained Swayam Sewak Prantiya Vikas Dal. Vide order dated 6-6-1989 an appointment letter was issued by the Director, Yuva Kalyan Avam Pradesik Samadesta, Pradeshik Vikas Dal, U. P. Lucknow. The petitioner was directed to discharge duties on the vacant post of Block Organiser/kshetriya Yuva Kalyan Adhikari. The order further directed that the petitioner be paid Rs. 15 per day as duty allowance. The order that one post of Block Organiser/kshetriya Yuva Kalyan Adhikari is lying vacant due to which the work is being affected. By a subsequent letter dated 23-6-1989 of the Director, permission was granted to pay duty allowance to the petitioner from the Head of Samaj Sewa Karya under District Sector Yojna. Posting order dated 17-7-1989 was issued to the petitioner by the Chief Development Officer, Gorakhpur. The Block in which the petitioner was working came to be included in the newly created District Maharajganj hence an order was issued on 14-11-1990 on behalf of the Director directing that the petitioner be posted in District Gorakhpur. PETITIONER continued to work on daily wages in District Gorakhpur. An order was passed on 30-8-1991/1-10-1991 reverting the petitioner as Swayam Sewak. The petitioner filed writ petition No. 5898 of 1992 challenging the aforesaid order in which an interim order was passed on 24-2-1992 directing that until further orders of this Court the petitioner shall not be reverted. The petitioner has stated that since from the date of joining petitioner continued to work as Block Organiser/kshetriya Yuva Kalyan Adhikari, the Writ Petition No. 5898 of 1992 was finally decided by this Court by order dated 9-2-2000 a copy of which has been annexed as Annexure-6 to the writ petition. This Court taking into consideration of the Uttar Pradesh Regularisation of Daily Wages Appointment on Group 'c' Posts (Outside the purview of the Uttar Pradesh Public Service Commission) Rules, 1998 finally disposed of the writ petition with following directions: - "the writ petition is disposed of finally with the direction that in case there is vacancy, temporary or permanent, petitioner shall be considered for regularisation on Group `c' post which he is holding i. e. the post of Block Organiser in Prantiya Rakshak Dal/prantiya Vikas Dal within three months from the date of production of certified copy of this order. " After the aforesaid direction of this Court when the petitioner's case was not considered, contempt proceedings were initiated by the petitioner being Contempt Petition No. 325 of 2001. An order dated 30-5-2000 has been passed rejecting the claim of the petitioner for regularisation under the Uttar Pradesh Regularisation of Daily Wages Appointment on Group 'c' Posts (Outside the purview of the Uttar Pradesh Public Service Commission) Rules, 1998. The reasons were given in the order dated 30-5- 2000 i. e. the petitioner is only Swayam Sewak and he was never appointed on daily wages, secondly the post of Block Organiser/ Kshetriya Yuva Kalyan Adhikari is post within the purview of the U. P. Public Service Commission hence the Rules namely the Uttar Pradesh Regularisation of Daily Wages Appointment on Group 'c' Posts (Outside the purview of the Uttar Pradesh Public Service Commission) Rules, 1998 are not attracted. Petitioner thereafter submitted a representation praying that he is entitled to be regularised. An order dated 29-3-2001 was issued by the Zila Yuva Kalyan Avam Pradeshik Vikas Dal Adhikari, Gorakhpur that duty of the petitioner is terminated due to lack of funds. In view of the aforesaid the petitioner has filed the present writ petition challenging the orders dated 30-5-2000 and 29-3-2001 and also seeking mandamus directing the respondents to regularise the services of the petitioner on the post of Block Organiser/kshetriya Yuva Adhikari in accordance with 1998 Rules and also prayed for direction to allow the duties and service of the petitioner on the post of Block Organiser/kshetriya Yuva Kalyan Adhikari with full wages and service benefits. A counter affidavit has been filed by the respondents in which it has been stated that the petitioner was Swayam Sewak and he was engaged on Rs. 15 per day as duty allowance. The petitioner is not entitled for any appointment on the post of Block Organiser/kshetriya Yuva Kalyan Adhikari. It was admitted that the petitioner is pursuance of the order dated 23-6-1989 was posted by the order dated 17-7-1989. It was denied that the petitioner was engaged on daily wages basis on the post of Black Organiser/kshetriya Yuva Kalyan Adhikari. It was stated that the petitioner's case is not covered under the Uttar Pradesh Regularisation of Daily Wages Appointment on Group 'c' Posts. (Outside the purview of the Uttar Pradesh Public Service Commission) Rules, 1998. It has been admitted in paragraph 25 of the counter affidavit that earlier the aforesaid post was within the purview of the U. P. Public Service Commission but at present it is not within the purview of U. P. Public Service Commission and for filling 423 posts of Block Organiser/kshetriya Yuva Kalyan Adhikari advertisement for direct recruitment has been issued on 7-9- 2001. It was stated that in pursuance of the interim order dated 24-2-1992 passed in Writ Petition No. 5898 of 1992 the petitioner continued to discharge his duties and since the said writ petition has been finally disposed of, there is no question of taking the petitioner on duty. Petitioner filed a rejoinder affidavit in which he filed various certificates and the letters of the Chief Development Officer and Zila Yuva Kalyan Avam Pradeshik Vikas Dal Adhikari certifying the working of the petitioner and various letters referring the petitioner as daily wage Kshetriya Yuva Kalyan Adhikari. The aforesaid letters were even upto the date 19-6-2001. Counsel for the petitioner contended that the petitioner's appointment was on daily wage basis and the petitioner has been discharging the duties of group 'c' post, Block Organiser/ Kshetriya Yuva Kalyan Adhikari with effect from 27-6-1989 and he is fully entitled to be regularised under the Uttar Pradesh Regularisation of Daily Wages Appointment on Group 'c' Posts (Outside the purview of the Uttar Pradesh Public Service Commission) Rules, 1998. It has been further contended that the post of Block Organiser/ Kshetriya Yuva Kalyan Adhikari is a group 'c' post not within the purview of the U. P. Public Service Commission. The Counsel for the petitioner further contended that the respondents have not considered the claim of the petitioner in accordance with the final judgment of this Court passed in Writ Petition No. 5898 of 1992 on 9-2-2000 in which the petitioner's case was directed to be considered in accordance with the said 1998 Rules in case there are vacancies temporary or permanent in existence. The vacancies are in existence is apparent from the advertisement of direct recruitment issued with regard to 423 posts dated 7-9-2000 filed as Annexure-13 to the writ petition. The petitioner is fully entitled for regularisation under the aforesaid 1998 Rules. It has been further contended that the order impugned dated 30-5-2000 is not in accordance with the final judgment of this Court dated 9-2-2000 and it is not open to the respondents to give fresh reasons for rejecting the claim of the petitioner.
(3.) LEARNED standing Counsel refuting the submissions of the Counsel for the petitioner stated that the petitioner's appointment is not on daily wage basis but his appointment was as Swayam Sewak. It has been further stated that the petitioner was reverted in 1991 and which reversion order was challenged by the petitioner in Writ Petition No. 5898 of 1992 and the petitioner was allowed to continue to discharge his duties as Block Organiser/kshetriya Yuva Kalyan Adhikari only due to the interim order and since in the final order dated 9-2-2000 of this Court there was no direction for continuing the petitioner on the post of Block Organiser/kshetriya Yuva Kalyan Adhikari, the petitioner has no right to claim working on the said post. I have heard Counsel for the parties and perused the record. The post of Block Organiser/kshetriya Yuva Kalyan Adhikari is a group 'c' post which is governed by the Uttar Pradesh Pradeshik Vikas Dal Subordinate Service Rules, 1980. Rule 5 of the aforesaid 1980 Rules provides for source of recruitment. The rules provides for recruitment to different posts namely District Officer, Additional District Officer, Block Organiser/kshetriya Yuva Kalyan Adhikari. The post of Block Organiser/ Kshetriya Yuva Kalyan Adhikari is to be filled 85% by direct recruitment and 15% by promotion. Rule 8 of the aforesaid 1980 Rules lays down the qualification. Rule 8 of the aforesaid 1980 Rules is quoted below: - "rule 8. Academic qualifications and experience, - (1) A candidate for direct recruitment to the various posts in the service must possess the following qualifications, (1) District Organiser Bachelor's degree from a recognised University or qualifications recognised by the Government as equivalent thereto. (2) Block Organiser (I) Intermediate Examination of the Board of High School (3) Vyayamshala Prashikshak and Intermediate Education Uttar Pradesh or an Examination conducted by the Government as equivalent and (ii) Diploma of Vyayam Visharad or any other recognised equivalent certificate Diploma (2) A candidate who has. . . . . . . . . . . . . . (i) in respect of any post experience of youth work and has attained proficiency in games and sports. (ii) In respect of the post of Block Organiser who has put in at least three years honorary service as Block Commanders, Halqa Sardar or Dalpatis in the Organisation of July 1 of the year of recruitment shall other things being equal, be given preference in the matter of direct recruitment. ";