Sunil Ambwani, J. - (1.) Heard Sri Shashi Nandan assisted by Sri L.R. Khan for petitioners in both the above writ petitions and Sri Sudhir Agarwal for respondents. I have also heard Sri A.P. Sahi appearing for Sri Ashok Kumar Singh (newly impleaded respondent No. 3) in Writ Petition No. 52753 of 2002.
(2.) Petitioners, in both the writ petitions, are working as ad hoc Class III employees, in the Judgeship of the newly created district of Chandauli. They have prayed for writ of certiorari for quashing order dated 31.10.2002 passed by District Judge, Chandauli terminating their ad hoc services with effect from 1.11.2002, and for a direction in the nature of mandamus to the respondents to regularise their services on the post of clerks and stenographers and to allow them to continue and to make payment of salary month to month. In Writ Petition No. 26618 of 2002 petitioner Rajesh Kumar Srivastava has also challenged an order of District Judge dated 18.5.2002 by which his representation for regularisation was rejected. A prayer has also been made to quash part of U.P. Regularisation of Ad Hoc Appointments (On Posts Outside the Purview of the U.P. Public Service Commission) Rules, 1979 as amended in 2001, which prescribes 30.6.1998 as cut off date for regularisation of services, after completion of three years. By amendment application in the second writ petition, petitioner has also prayed to quash the orders dated 31.10.2002, as aforesaid and order dated 11.11.2002 passed by Judgeship of Chandauli requesting Registrar General of High Court to allow him to continue 20 ad hoc appointees of Class III posts and 6 ad hoc Stenographers until regular selection takes place.
(3.) The fact giving rise to these petitions are stated as below ; A new Revenue District by the name of Chandauli was carved out of Varanasi in the year 1998. A Sessions Division for this newly created district of Chandauli notified nine Courts including the Court of District Judge, Additional District Judge, Chief Judicial Magistrate, Additional Chief Judicial Magistrate, Civil Judge Senior Division and Civil Judge Junior Division. In order to provide these Courts clerical staff and stenographers, until regular appointments are made under U.P. Subordinate Staff Courts Ministerial Establishment Rules, 1947 as replaced by Recruitment of Ministerial Staff to the Subordinate Offices Rules of 1950 ; the High Court gave permission to the Officer on Special Duty, Chandauli by D.O. Letter No/ 17760, dated October 16, 1998 to appoint ad hoc appointees for a period of three months. In pursuance thereafter Sri Rajesh Kumar Srivastava petitioner in Writ Petition No. 26618 of 2002 was appointed as typist on ad hoc basis on 17.10.1998 for a period of three months. Petitioners' Shiva Ji Singh and others in Writ Petition No. 52755 of 2002 were appointed as clerks and stenographers on ad hoc basis initially for a period of three months between 14.7.1999 and 15.9.1999. The High Court granted permission to extend their period from time to time. Whereas petitioners No. 1 to 12 in Writ Petition No. 52755 of 2002 were appointed as clerks, petitioners No. 13 and 14 were appointed as stenographers. Steps were taken for making appointments on regular basis under the aforesaid Rules of 1950 by issuing advertisement in newspapers on 30.6.1999. A regular selection was held but appointment could not be made. This Court vide report of Registrar General of High Court dated 19.3.2001 found that the regular selections advertised on 1.10.2001 suffered from certain irregularities. The report were accepted by Hon'ble the then Chief Justice on 21.4.2001. Fresh advertisements were issued for direct recruitment on the post on the aforesaid Rules of 1950 on 1.10.2001 for which written examinations were held on 13.4.2002. In view of the progress of process of regular selections, this Court vide Letter No. 1590/7B-104/Admin. (D), dated 29.10.2002 directed that the services of ad hoc employees may not be extended beyond 31.10.2002 Consequently, District Judge Chandauli by his letter dated 31.10.2002 terminated the services of all ad hoc Class III clerks and stenographers with effect from 1.11.2002. It appears that District Judge, Chandauli found that in view of the existing vacancies for which regular appointment was not made, it was necessary in the interest of work to continue the ad hoc employees for some more time and thus he made a request to this Court on 11.11.2002 to permit him to extend the services of at least 20 class III employees and 6 stenographers. It is at this stage that the above two writ petitions were filed and that an interim order was made in the first writ petition, not to disturb the functioning of petitioners on their respective posts upto 27.1.2003. It was made clear that the interim order will not confer any rights of regularlsation to petitioners.;