S.H.A. Raza and Surya Prasad, JJ. - (1.) By means of this petition the petitioner has prayed for regularisation of his service in accordance with Rule 9 of the U P. Regularisation of ad hoc appointments (on posts within the purview of Public Service Commission) Rule, 1979 and pay higher salaries and other benefits and to appoint her on regular post of Lecturer in History as prayed in her representation dated 2nd March 1987. In Paragraph 3 of the counter-affidavit it has been averred that the Governor is the appointing authority for the lecturer in Government Degree/P. G. College of the State. According to the Service Rules framed, the selection on the post of lecturer is made through Public Service Commission. But as an interim and local arrangement the Principals of Government Degree/P.G. College have been given powers to appoint lecturers for 120 days only, Under rules known "U P. Education Department's Administration (Delegation of Powers) Rules, 1973" the Principal, Government Girls Degree College, Banda appointed the petitioner on the post of lecturer three times in an interim and local arrangement vide others dated 4-3-1983, 23-1-1984 and 31-10-1984. In compliance of the aforesaid orders the petitioner worked on the post of lecturer from 5-3-1983 to 31-5-1983, 27-1-1984 to 30-4-1984 and 1-11-1984 to 28-2-1985 respectively.
(2.) It has been further averred that as this powers of appointing of lecturers for 120 days created some problems and since the adhoc appointments were completely banned by Govt Order No. 19-5-1981 Karmik-1, dated 22-3-1984 but as selected teachers were not made available on the recommendation of Public Service Commission for long, to meet the urgent appointments of lecturer in Government Inter College and Government Degree College as well as Post Graduate College, the Government took a decision on policy matter on introduce a scheme for volunteers service as a stop-gap arrangement, so the students may not suffer in their studies. The petitioner also agree to act under the scheme purely on volunteer capacity, but now the petitioner is claiming for her regularisation since 1983 in the light of Government Order dated 22-3-1984. It was further submitted that in the nature of the petitioner's appointment the question which requires determination as to whether the petition' r could claim the benefit of the U. P. Regularisation of adhoc appointment (on posts within the purview of the Public Service Commission) Rule, 1979 and its subsequent amendment by the rules which came into force on March 22, 1984. The rules provide that any person who was directly appointed on adhoc basis before January 1, 1977 and has continued in service as such no commencement of these rules (which came into force on May 14, 1979) and completed or as the case may be, after completing three years continuous service, would be considered for regular appointment in permanent or temporary vacancy as may be available on the basis of his records and suitability before any regular appointment is made in such vacancy. By the 1984 amendment in these rules, a sub-rule (9) was added to the 1979 rules reading as follows : "The provisions of these rules shall apply mutatis mutandis, also to any person directly appointed adhoc basis on before May 1, 1983 and continuing in service as such as the date of commencement of the Uttar Pradesh Regularisation of adhoc appointments (on posts within the purview of Public Service Commission) (Amendment) Rule, 1984."
(3.) The learned Standing Counsel submitted that the appointments were for only 120 days and between those appointments there were breaks after of pretty long time and the rules, which have been mentioned arc not attracted. In this regard, attention of the Court was drawn to the judgment of the Hon'ble Supreme Court in case of Garwal Student Union of Government Degree College etc. v. State of U P and others, passed in Writ Petition No 11458 of 1985 and SLP (Civil) Nos. 9569 and 6906 of 1985 on September. 18, 1985 wherein the Hon'ble Supreme Court directed the State Government to take immediate steps to fill up vacancies in posts against which some of the petitioners are or were appointed on adhoc basis in accordance with the relevant recruitment rules through U. P Public Service Commission. Till such appointments arc made such of the petitioners who are now working on such posts whether under orders of the Court or otherwise shall continue to hold the posts on adhoc basis till the vacancies are filled up. They shall, however, cease to hold such posts immediately on the date or dates when appointments are made but their salaries will be paid upto-date.;