R.B.Misra, J. - (1.) Heard Sri Ashok Khare, learned Senior Counsel assisted by learned Counsel for the petitioners, and learned Standing Counsel for the State Government.
(2.) In this petition prayer has been made to quash the order dated 23.10.1998 passed by the Commissioner, Varanasi Division, Varanasi, whereby the claim of the petitioners for adjustment on respective posts and even to the lower posts in district administration of district Varanasi on the ground of lien was rejected.
(3.) The brief facts emerging from the pleadings and records are that the petitioner no. 1 was initially appointed on 17.12.1996 and was confirmed on 18.06.1985 as Naib Nazir in Tahsil Chakia of district Chandauli (erstwhile part of district Varanasi) and is drawing salary in the pay scale of Rs. 1200- 2040. The petitioner no. 2 was initially appointed on 25.11.1983 as Sahayak Wasil Baki Navis in Tahsil chandauli of district Chandauli (erstwhile district Varanasi) and is drawing salary in the pay scale of Rs. 1200-2040. The petitioner No. 3 was initially appointed on 30.11.1983 as Sahayak Wasil Baki Navis in Tehsil Chandauli of district Chandauli (erstwhile district Varanasi) in the pay scale of Rs. 1200-2040. The petitioner No. 4 was initially appointed as Revenue Clerk on 15.02.1977 and was confirmed on 18.06.1985 and was working in tehsil Chakiya, district Chandauli (erstwhile district Varanasi) in the same pay scale. Similarly, the petitioner No. 5 was appointed on 30.11.1983 and was working as Assistant Wasil Baki Navis in tehsil Chandauli of district Chandauli (erstwhile district Varanasi) and was also drawing his salary in the pay scale of Rs. 1200- 2040. When the petitioners were appointed in tehsil Chakiya and Chandauli, both the tehsils were in district Varanasi and both the tehsils after creation of new district by notification dated 25.05.1997 were included in district Chandauli. After creation of a new district Chandauli the Board of Revenue vide circular letter No. 1157 dated 01.07.1995 indicated for consideration of the options for adjustment presented to the relevant authorities within 90 days, in pursuance to which the petitioners had presented their options before the relevant authorities for their adjustment in district Varanasi. In view of the lien claimed under Rule 14 of Fundamental Rules of Financial Hand Book Volume II Part II to IV when no decision was taken the petitioner filed Writ Petition No. 28286 of 1998 (Kanchan Lal and Ors. v. State of U.P. and others) before this Court, however, after filing of the petition, the Commissioner by its order dated 23.10.1998 decided the representation of the petitioners rejecting their claim, mainly on the following grounds: (I) 70% of the employees/personnel of newly created district Chandauli belongs to district Varanasi and for lack of vacancies these employees of district Chandauli could not be adjusted in district Varanasi alone. (II) As per comments of District Magistrte, Varanasi Sri Kanchan Lal and Sri Garib Ram (petitioner Nos. 1 and 4 respectively) were permanent, whereas, other three petitioners were temporary employee in erstwhile district Varanasi, and all the petitioners were working in the scale of Rs. 1200-2040, (revised pay scale Rs. 4000-6000). (III) Mr. Kanchan Lal, a confirmed Naib Nazir (II), Sadar, Vranasi in the scale of Rs. 1200 2040 (revised scale Rs. 4000- 6000) was permanent and having a lien in district Varanasi, however, in his place Sri Niwas Singh is working, as such, post is not vacant. (IV) Sri Garib Ram was also a confirmed employee in the scale of Rs. 950-1500 (revised scale Rs. 3050-4590) and was maintaining a lien in district Varanasi to the post of Revenue Clerk, however, on that post Sri Ashok Kumar (a scheduled caste employee) is working, as such, no vacancy is available. (V) Other petitioners, namely, Shiv Shanker, Om Prakash Narain and Suresh Ram were temporary in the erstwhile district Varanasi and not on the permanent posts, as such, they can not be said to have lien against any permanent post. (VI) No vacancy to any post in the scale of Rs. 1200-2040/- (revised scale Rs. 4000-6000/-) is available in district Varanasi. (VII) Sri Kanchan Lal and Sri Garib Ram, both working presently in the scale of Rs. 1200-2040/- in district Chandauli were shown in the seniority list of clerical cadre of district Candauli and the seniority list of clerical cadre of district Varanasi has been finalized. (VIII) The remaining petitioners being temporary employee in the scale of Rs. 1200-2040/-, who are already in the promotional scale, can not be adjusted to the post of lower scale of Rs. 950-1500/- in district Varanasi in absence of vacancy. (IX) From very initial stage the petitioners having been appointed in tehsil Chakiya and Chandauli being part of erstwhile district Varanasi have now acquired their respective status in the newly created district Chandauli. (X) The seniority list of clerical cadre of district Chandauli has been finalized, where all the petitioners have been shown at respective places.;