R.B. Misra, J. - (1.) In this petition, the petitioner has prayed for issuing a writ, order or direction in the nature of mandamus directing respondent No. 2 to permit the petitioners to work as Kurk Amins in terms of their respective original letters of appointment till such time that regular work is available and further to regularise the petitioners' services in case duly sanctioned post and work is available with the respondent-authorities. Heard Sri L.D. Rajbhar, learned counsel for the petitioner and learned Standing Counsel for the respondents.
(2.) It appears that advertisement in Dainik Devrath 'Hindi' daily issue dated 9.11.1994 had been issued for inviting applications from eligible persons for certain posts of Kurk Amins. The advertisement aforesaid indicated that candidates must be matriculate. The post of 'Kurk Amin' to be filled for realisation of dues of co-operative societies in the district of Azamgarh. The posts of Kurk Amins thus advertised were to be filled up by eligible candidates after a selection procedure undertaken in accordance with law and the selected candidates were to hold the posts in question against remuneration paid on a commission basis. The petitioners were issued appointment letter dated 22.12.1994. The petitioners appeared before Assistant Registrar respondent for verification of their testimonials and issuance of their letters of appointment. Thereupon, the petitioners were issued with appointment letters (Annexure-3). Petitioners joined the post of Kurk Amins and have been discharging duties assigned to them regularly and continuously. However, in July, 1996, the respondents stopped assigning work to the petitioners and thereafter, the petitioners had given several representations to the authority concerned but no heed was taken, hence the writ petition has been preferred.
(3.) Learned counsel for the petitioners has relied on the judgment passed in Civil Misc. Writ Petition No. 14377 of 1997, Jokhu Chauhan and Ors. v. State of U.P. and Ors., wherein it was observed : "The petitioners were appointed Kurk Amins and their services were terminated by order dated 28.11.1995, passed by respondent No. 4 (Annexure-12 to the writ petition). The controversy involved in the present case is whether the petitioners were holding civil post and whether their services could be terminated as Kurk Amins who were appointed on commission basis. A Division Bench judgment in Special' Appeal No. 129 (SC) of 1996, U.P. Sahakari Sangharsha Karmachari Sangh v. State of U.P. and Ors., passed by Lucknow Bench of this Court has held that Kurk Amins on regular basis are holders of civil posts and the same benefits should be given to Kurk Amins appointed on commission basis also. The Bench further held that Kurk Amins appointed on commission basis are equally entitled to be regularised and absorbed as Kurk Amins and should be paid their salary and allowances admissible to the post subject to availability of the post. It further directed that those employees who can not be absorbed on account of nonavailability of posts, shall be kept in waiting list and should be allowed to continue as such on commission basis till they are absorbed on regular basis as Kurk Amins and till a fresh recruitment is not made. This writ petition is also allowed on the same terms and with the same directions as contained in the aforesaid case. In the result, the writ petition succeeds and is allowed. The order dated 28.11.1995 (Annexure-12 to the writ petition) is hereby quashed. The respondents are directed to consider the claim of the petitioners for absorption In regular cadre of Kurk Amins subject to availability of the posts. Those petitioners who cannot be absorbed on account of non-availability of posts, shall be kept on waiting list and shall be allowed to continue on commission basis till they are absorbed as a regular Kurk Amins or till fresh recruitment is made by the respondents.";