- (1.) THE petitioner has prayed for quashing of the orders dated 26.09.1995 and the order dated 29.06.1995 as well as the Govt. Order dated 14.08.1995. The petitioner has further prayed for a direction to the opposite parties to allow him to continue to work and discharge his duties on the post of Junior Clerk -cum -Urdu Translator and to pay him salary regularly every month.
(2.) THE brief facts giving rise to this petition are that pursuant to an advertisement for appointment on the post of Urdu Translator -cum -Junior Clerk in the daily newspaper published on 24.12.1994, the petitioner applied for the said post. He was called for a written test and was finally selected. The aforesaid selection was challenged before this Court by way of Writ Petition No.272 (S/S) of 1995, in which an interim order was passed on 08.02.1995 to the effect that the selection would be subject to the result of the writ petition. The petitioner was accordingly issued an appointment order dated 19.03.1995, whereby he was appointed on the post of Urdu Translator -cum -Junior Clerk. The petitioner was allowed to join his duties. Subsequently, some other writ petitions were filed before this Court and the opposite parties were restrained from making any further appointment till further order.?
(3.) AGGRIEVED by the aforesaid order, a special appeal was filed which was allowed on 24.05.1995 and the order dated 19.05.1995 passed by the Hon'ble Single Judge was set aside. After the disposal of the special appeal, another interim order was passed on 26.05.1995, whereby a direction was further issued providing that no person could be appointed against the post of Urdu Translator -cum -Junior Clerk unless he has passed intermediate examination with Urdu as one of the subjects conducted by the U.P.Board. It was also provided that the candidates who have passed intermediate examination with Urdu subject and have also passed the examination of Adib -e -Mahir conducted by Jamia Urdu Aligarh may be appointed against the aforesaid post, but no candidate will be appointed if he has not passed intermediate examination with Urdu as one of the subjects and has passed only Adib -e -Mahir.? In pursuance of this order, the Government issued an order dated 29.05.1995, whereby the salary of all such candidates was stopped, who had not passed intermediate examination with Urdu as one of the subjects.? Subsequently, a Govt. Order was issued on 14.08.1995, on the basis of which the district authorities proceeded and passed the order of termination of service of the petitioner from the post of Urdu Translator -cum -Junior Clerk. The petitioner had passed High School and Intermediate examinations conducted by the U.P. Board and thereafter he had passed Adib -e -Mahir and Adib -e -Kamil examinations conducted by Jamia Urdu Aligarh. The educational qualification prescribed for the post of Urdu Translator -cum -Junior Clerk was Intermediate examination with Urdu or an examination recognized by the State Government equivalent to the Intermediate. By the Government Notification dated 09.09.1993, the certificate of Adib -E -Mahir was recognized as equivalent to the Intermediate examination conducted by the U.P. Board. Thus, the petitioner, who had passed Adibe Mahir and Adibe Kamil examinations, was fully qualified for being appointed on the post of Urdu Translator -cum -Junior Clerk in accordance with Rule 11 of the Service Rules. Thus, the order passed by the District Magistrate, Gonda terminating the service of the petitioner was arbitrary and without jurisdiction because the petitioner was qualified for the post of Urdu Translator -cum -Junior Clerk. When the petitioner filed this writ petition on 10.01.1996, this Court while admitting this writ petition for hearing passed an interim order, whereby the order passed by the District Magistrate was kept in abeyance. During the pendency of the writ petition, the State Government again issued a Circular on 29.06.2006 providing therein that those candidates who had passed Adibe Mahir examination only and whose appointment was kept in abeyance pursuant to the Govt. Order dated 03.11.1995 and they have subsequently acquired the eligibility qualification of Intermediate examination, be reinstated in service. The petitioner in accordance with the aforesaid Govt. Order was reinstated in service with effect from 23.09.2006, but the same was subject to the final order passed in this writ petition. The contention of the petitioner is that he is entitled to get the benefit of the Govt. Order alongwith? all consequential benefits. The petitioner, therefore, by way of amendment in the writ petition, prayed for a direction to the opposite parties to allow all the service benefits to the petitioner from the date of his initial appointment.;