- (1.) We have heard Sri Aalok Kumar Srivastava for the petitioners. Learned standing counsel appears for State respondents.
(2.) The petitioner No.1 was appointed as Chairperson of Child Welfare Committee and petitioner Nos. 2 to 5 were appointed as Members of the Committee vide Notification No.3013/60-1-2004-1/13(102)/01, issued at Lucknow dated 10.11.2004, by which Governor of the State of U.P. constituted the Committees under Section 29 of the Juvenile Justice (Care and Protection of Children) Act 2000 for a period of three years. The petitioners completed their first term of three years on 09.11.2007. It is stated that they were allowed to continue, as their term could be extended for a maximum period of two terms. The State Government did not issue any order, extending the period for their second term.
(3.) By a letter dated 01.05.2008, the Director, Mahila Kalyan, U.P. Lucknow wrote to the District Magistrates - Ghazipur, Lalitpur, Lucknow, Firozabad, Shajahanpur, Deoria, Azamgarh, Meerut and Kanupr Nagar for providing assessment of work of the Chairpersons and Members of the Child Welfare Committees of their respective Districts of their participation in the meeting of the Committees. It is stated that the District Magistrate, Kanpur Nagar did not submit any report on the evaluation of the work of the chairperson and members. The petitioners, however, were allowed to continue and discharged their duties in accordance with the provisions of the notification upto 22.08.2010, when the period for which their second term came to an end. The petitioners handed over charge on 22.08.2010, however, they were not paid their sitting allowance beginning from the date of their first appointment, nor any honorarium or travelling allowance was paid in accordance with the provisions of Rule 23 of the Juvenile Justice (Care and Protection of Children) Rules 2007 (in short Rules of 2007).;