Y.R. Tripathi, J. - (1.) The Writ Petitions No. 1077 (S/S) of 1985, 1050 (S/S) of 1985, 1162 (S/S) of 1985 and Writ Petition No. 968 (S/S) of 1985, involving common questions of law and facts, are taken up and decided together by this common judgement.
(2.) It appears that in the year 1984 a new division of Rural Engineering Department was established in District Lakhimpur Kheri and the Executive Engineer, Rural Engineering Department, Lakhimpur Kheri - Opposite party No. 3 made certain selections in accordance with the provisions of the Class IV Employees Service Rules, 1975 and out of the select list appointed the petitioners to different Class 'D' posts in the Division. It is said that District Magistrate, Lakhimpur Kheri and Employment Officer were interested in the appointment of some other persons and they brought pressure on the appointing authority to appoint persons of their choice as a result of which the opposite party No. 3 through the impugned order dated 30.1.1985 (Annexure-2 to the writ petitions) terminated the services of the petitioners.
(3.) The opposite parties in their counter affidavit have defended the impugned order. Their case is that Class IV Employees Service Rules, 1975 had been amended by the Government Notification No. 27/2/79 Karmik-2 dated 11.10.1979, but State Government through another Notification No. 20.3.1982 Karmik-2 October 31,1984 had stopped the operation of the said amendment and constituted a selection committee at district level for selection of candidates for appointments to class D post. The opposite parties thus have challenged the validity of the selection and appointment of the petitioners and have justified their termination orders.;