- (1.) With the consent of learned counsel for the parties since common questions of law and facts have been raised in all these matters, I proceed to decide these matters finally under the Rules of this Court at this stage by this common judgment.
(2.) In this bunch of writ petitions the core issue relates to the Government Order (hereinafter referred to as the "G.O.") No. Ve.Aa-2-27/Dus-59(M)/2008, dated 06.01.2011 issued by Sri Anoop Mishra, Principal Secretary, Finance U.P. Government, Lucknow addressed to various Principle Secretaries of different departments and Directors of different departments. The subject of G.O. is sanctioned Pay Band and Grade Band as modified/upgraded for Class-IV cadre of aided educational/technical educational institutions in the revised pay scale pursuant to 6th Pay Commission recommendation. Though in the writ petitions entire G.O. is challenged but during the course of arguments the learned counsels for petitioners have confined their attack only to Para 2 thereof. Para 2 says that in future no appointment on Class-IV posts (except the junior cadre of technical posts) shall be made and vacancies of Class-IV posts shall be managed by the system of outsourcing.
(3.) The relevant para 2 of G.O. dated 06.01.2011 reads as under: xxx xxx xxx "2. I am directed to say that in future appointments shall not be made on any Class IV posts (except on the junior cadre of technical posts ) and the Class IV posts falling vacant shall be managed only by outsourcing. But the said provision shall not apply to the appointments to be made on the Group D posts under the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules 1974." ( English translation by the Court);