- (1.) The. facts in a nutshell are that the High Court had raised a demand for sanction of additional posts of class-IV employees in order to meet the exigencies of the establishment. This demand was met by the State Government with the sanction of 355 temporary posts under the Government Order dated 10.12.2004. As soon as the said sanction order was received, the then Hon'ble the Acting Chief Justice vide order dated 12.12.2004 directed the Registrar General to take necessary action forthwith and send a copy to the Registrar at Lucknow in this regard. The Registrar General and the Registrar at Lucknow were directed to submit a report by 14.12.2004. The report was submitted indicating primarily that the bifurcation of the deployment of the posts between Allahabad and Lucknow are determined on the strength of Hon'ble Judges sitting at both places in the ratio of 70 : 30 or as directed by Hon'ble the Chief Justice. At the very outset we may mention that the present controversy relates to the appointments and regular engagements of Class IV employees and Drivers under the powers exercisable under Article 229 of the Constitution read with the Allahabad High Court Officers and Staff (Conditions of Service and Conduct) Rules, 1976 and the Allahabad High Court Staff Car Drivers (Conditions of Service and Conduct) Rules, 2000.
(2.) The then Hon'ble Acting Chief Justice perused the report that was submitted and passed the following order on 13.12.2004:- "Seen the report. It is approved. Re: Proposal No.1:- Bifurcation of the sanctioned 23 posts (21 + 2 leave reserved posts) of drivers be made as far as possible as per engagements of D.L./C.L. Drivers at Allahabad and Lucknow as on today, because earlier no post of driver out of the 19 sanctioned posts was given to Lucknow Bench. Re: Proposal No.2:- A committee consisting of Registrar (Budget), Registrar (Establishment) and Joint Registrar (Protocol) is constituted for the aforesaid recruitment of drivers in accordance with the Drivers Service Conduct Rules 2000. However, for Lucknow Bench there will be a separate Committee for this purpose to be approved by Hon'ble the Acting Chief Justice. Re: Proposal No.3:- For the recruitment of the remaining 332 Class IV posts sanctioned by the Government as mentioned in the office note the Committee consisting of the aforesaid officers shall make recruitment in accordance with the relevant rules. However, for Lucknow Bench there will be a separate Committee for this purpose to be approved by Hon'ble the Acting Chief Justice. The bifurcation in respect of the aforesaid 332 Class IV posts be also made as far as possible as per engagements of D.L./C.L. At Allahabad and Lucknow today. The bifurcation is based on data contained in the accompanying office report. The report be submitted by 11 a.m. Tomorrow. Acting Chief Justice Dt. 13.12.2004"
(3.) The said order directed that a comprehensive report be submitted by 11.00 A.M., the very next day. Accordingly, a report was prepared and the same was submitted in terms of the directions contained therein on 14.12.2004. The said report is Annexure-7 to the Affidavit dated 23.7.2013 filed on behalf of the High Court.;