- (1.) R. B. Misra, J. Heard Sri R. K. Srivastava, learned Counsel for the petitioner and Sri S. S. Sharma, learned Standing Counsel for the State respondents. With the consent of learned Counsels for the parties this writ petition is decided finally at this stage in view of the second proviso to Rule 2 of Chapter XXII of the Allahabad High Court Rules, 1952.
(2.) IN this petition prayer has been made for quashing the order dated 17-6-1991 passed by the Chief Medical Officer, Deoria (Annexure-6 to the writ petition), whereby the petitioner's service was terminated under the U. P. Temporary Government Servant (Termination of Service) Rules, 1975. According to the petitioner, he has appointed on ad hoc basis to the post of Ward Boy (Class-IV post) by the Chief Medical Officer, Deoria on 24-12-1986 and was posted at Rajkiya Homeopathic Hospital,, Bansgaon, District Deoria. The appointment order is enclosed as Annexure-1 to the writ petition. In pursuance thereof the petitioner was medically examined by Chief Medical Officer on 26-12-1986 and the petitioner joined the duty in the office of the Deputy Chief Medical Officer, IInd, Deoria on 26-12- 1986 (Annexure-3 to the writ petition ). According to the petitioner, he was directed by the Deputy Chief Medical Officer, Deoria by its letter dated 26/27-12-1986 to join at Rajkiya Homeopathic Hospital, Ahirauli, Deoria. According to the petitioner his work and performance was excellent and no adverse entry was ever communicated to him and after joining at Rajkiya Homeopathic Hospital Bansgaon, District Deoria the petitioner was regularly working without any break till the termination order was passed on 17-6-1991. According to the petitioner, he was deployed in General Election Duty of year 1991 and elections held in Deoria district on 15-6-1991, where the certificate by the District Magistrate, Deoria was issued to him on 25-6-1991. According to the petitioner he has continuously worked for more than three years, as such, he was entitled for regularisation, however, instead of regularising his service the Chief Medical Officer, Deoria passed the impugned order terminating the service of the petitioner, whereas several other juniors to him have been retained in the service but the petitioner without any rhyme and reason has been discriminated. When the present writ petition was filed, this Court was pleased to on 25-7-1991 pass an interim order directing that if any Ward Boy junior to the petitioner is continuing in Government Homeopathic Hospital, Bansgaon, Deoria the petitioner's service shall not be deemed to have been terminated pursuant to the order dated 17-6-1991 impugned in the present writ petition.
(3.) ACCORDING to the petitioner by virtue of this interim order the petitioner is continuing in service and the post, on which he was working has not been abolished and juniors to the petitioner have been retained in service and the petitioner's service mala fidely has been terminated without observing the principle of natural justice and in derogation to the provisions of Article 311 of the Constitution. The counter-affidavit has been filed. In para 4 of the same it was indicated that in the month of August, 1990 it came into light that there are many surplus staff in the category of Class III and Class IV employees in Medical Health and Family Welfare Department in the District Deoria. In this regard the Additional Director Medical Health and Family Welfare, Gorakhpur wrote a letter to the Chief Medical Officer Deoria on 7-11-1990 with direction that the appointment and service record of all the Class III and Class IV employees be verified. According to para 5 of the counter-affidavit, in pursuance of aforesaid letter the Chief Medical Officer, Deoria issued directions to all the Deputy Chief Medical Officer, Deoria as well as other subordinate officers by its letter dated 14-11-1990 and 20-11-1990, in which it was specifically pointed out that large number of employees, who are drawing salary on the basis of forged appointment letter/ transfer order, their matter be enquired into and the employee be asked no produce the original records so that correct facts may be verified. According to paras 6, 7, 8 and 9 of the counter-affidavit, during verification of service records of Class-III and Class-IV employees, it was revealed that the several employees were working in the Medical Health and Family Welfare Department in District Deoria without any appointment letter issued in their favour. These employees joined the service on the basis of forged transfer order though they were not working on the place from which they have been shown to have been transferred. The First Information Reports have been lodged against such employees and they have been stopped from working. It was also found that several employees have joined the services and obtained the appointment letter as Class-III and Class-IV employee under the U. P. Recruitment of Dependants Government Servant (Dying in Harness) Rules, 1974 by submitting forged certificate although their father or mother were not working in the department. The First Information Reports were lodged against such employees and their appointments were cancelled. It was also found that several employees were appointed/promoted to the post of Basic Health Worker (Male) and vaccinator without any technical qualification and even without having minimum qualification i. e. , High School (Science) and the services of the such employees were terminated/reverted, as the case may be. It was further stated that the Class-III employees on the post of lower divisional clerk were appointed without having knowledge of typing word. It was found that several employees were appointed without recommendation of selection committee and without following the procedure for selection. The services of such employees were also terminated, the then Chief Medical Officer, Dr. Balbir Singh and one establishment clerk Mr. Kaushal Kishore Srivastava have been suspended and departmental proceeding is going on against these officials. According to para 10 of the counter-affidavit, the appointment of the petitioner as Class-IV employee was full of forgery. The petitioner was never employed in Malaria Department but while appointment the petitioner a colour has been given as if the petitioner was working in Malaria Department. The recommendation stated in the appointment letter by the District Malaria Adhikari is incorrect and false. The petitioner was appointed without any selection from the selection committee and without following the procedure for selection without any vacant post of Class-IV employee in Rajkiya Homeopathic Hospital, Bansgaon. The posting of the petitioner was made by the Deputy Chief Medical Officer (II), Deoria and the petitioner was posted at Rajkiya Homeopathic Hospital, Ahiraulidan, Deoria by its letter dated 26/27-12-1986 (Annexure-IV to the writ petition ). The letter dated 26/27-12-1986 was endorsed to the Chief Medical Officer but the copy of the letter dated 26/27-12-1986 issued by the Deputy Chief Medial Officer, Deoria is not available in the office of the Chief Medical Officer, Deoria. The posting of the petitioner from Bansgaon to Ahiraulidan was done without permission of the Chief Medical Officer, Deoria. According to para 15 of the counter-affidavit, since the petitioner was appointed in illegal manner without following any selection, therefore, other is no occasion for the petitioner to say that juniors to him are still in service. It was further submitted that actions taken against those employees, who have been appointed in illegal manner, is perfectly just and legal in the eyes of law.;