M.Katju - (1.) THIS writ petition has been filed for a direction to quash the impugned orders dated 9-4-1992, 1-10-1992 and 16-10-1992 (Annexures Nos. 2, 6 & 10 to the writ petition and for a mandamus directing the respondents to continue the petitioners in service and pay them salary regularly.
(2.) IN this case on 17-9-1993, learned Standing Counsel was granted three weeks and no more to file counter-affidavit but no counter affidavit has yet been filed. Earlier, on 3-5-1993 this Court had directed the petitioner to serve the District Judge, Maharajganj personally and the petitioner has complied with the said order and filed an affidavit of service. However, no counter-affidavit has been filed on behalf of the respondent no. 2. The only counter affidavit is on behalf of respondent no. 1 who stated in para 7 that the reply should have been given by respondent no. 2. IN the circumstances I am treating the allegations in the petition to be correct and I am disposing of this petition finally. Petitioners were Class III employees in the District Judgeship, Maharajganj. It is alleged in para 3 that by the order of the District Judge, Maharajganj dated 26-6-1991 the petitioners were confirmed on their posts. However, in para 8 it is stated that on 9-4-1992 the District Judge passed an order deconfirming the petitioners vide Annexure No. 2 to the writ petition In para 12 it was alleged that the petitioners were not given any show cause notice before passing the said order and hence the same was illegal. In para 14 it is alleged that the Class III and IV employees of the subordinate courts in U. P. went on strike in September, 1992 and hence the Registrar of this Court issued a telex message to the District Judges of the various courts to terminate the services of the temporary employees. True copy of the telex message dated 23-9-1992 is annexure no. 3 to this writ petition. Subsequently, on 13-9-1992 the strike was called off and the Registrar of the High Court issued another telex message dated 13-10-1992 according to which all Class III and Class IV employees whose services were terminated consequent upon the earlier telex dated 23-9-1993 should be taken back in service except those against whom there were serious complaints. A true copy of the said telex message dated 13-10-1992 is annexure no. 4 to this writ petition. The petitioners requested the learned District Judge, Maharajganj to permit them to resume duties. A true copy of the letter dated 30-9-1992 is Annexure No. 5 to the writ petition. All the employees in the District Judgeship except the petitioners were permitted to join their duties and it is alleged that the petitioners have been discriminated against and the actions of the District Judge were arbitrary. Subsequently the Chief Judicial Magistrate who exercised the power of District Judge passed an order on 1-1.0-1992 terminating the services of the petitioners. A true copy of the order passed in respect of respondent no. 4 is Annexure No. 6 to the writ petition. It has been stated that the other orders were identical The petitioners made representation to the Administrative Judge of this Court but to no avail.
(3.) AGGRIEVED, this writ petition has been filed. It is alleged in para 37 of the writ petition that no opportunity of hearing was given to the petitioner before passing the impugned termination order dated 1-10-1992 and the order dated 16-10-1992. Since this allegation para 37 is unrebutted it is treated to be correct. Even assuming that the petitioners were temporary employees, it is settled law that even the service of a temporary employee cannot be terminated on allegation of misconduct without giving him an opportunity of hearing. In the present case there was clearly an allegation of misconduct to the effect that the petitioners have gone on illegal strike. Hence it was incumbent upon the respondents to have granted opportunity of hearing to the petitioners before terminating their services. Since no such opportunity was given the impugned termination order dated 1-10-1992 in respect of the petitioners as well as the order dated 16-10-1992 is hereby declared illegal and is set aside;