Sabhajeet Yadav, J. - (1.) The brief facts giving rise cause of action of instant writ petition is that the petitioner was initially appointed vide order dated 5.4.1973 as Marketing Inspector in Food and Civil Supplies, Department of Govt. of Uttar Pradesh by Regional Food Controller in Ravi Procurement Scheme on temporary basis. His services were liable to be terminated at any time. Thereafter he was again appointed on 8.4.1981 under the same scheme on seasonal basis on the aforesaid post to be ended by 31st July. 1981. On 20.4.1983 he was again appointed on the aforesaid post under the said scheme for a short period of 3 months to be ended by 31.7.1983. Later on vide order dated 1 1.4.1987 the petitioner was again appointed on the post of Marketing Inspector on seasonal basis to be lasted by 31.7.1987. These orders of appointment are on record. Feeling aggrieved against such time bound temporary and seasonal appointment, the petitioner approached this court by filing above noted writ petition wherein on 17.7.1987 this Court has passed an interim order as under :Till further orders of the Court the petitioner's services shall not be deemed to have come to an end on 31.7.1987.
(2.) The learned counsel for the petitioner states that in view of the aforesaid interim order passed by this Court the petitioner is continuously working since then on the post of Marketing Inspector till now and regular payment of salary is also being made to him. The learned Counsel for the petitioner has further submitted that at the strength of the interim order passed by this Court and at the strength of letter of appointments issued from time to time referred above the petitioner has been permitted to work on the post for a period of more than 32 years. By that time while working as such the petitioner has become overage and cannot be engaged in any other service of the State Government or else where suiting to his qualification and status. Now he has to bear the heavy burden of his family responsibility also. At this stage it would be harsh and unjust to leave the petitioner in the mid stream of his life without any employment and without any job security. Therefore, the petitioner's services may be regularised having regard to the length of service rendered by him and his age in as much as other liabilities in family life ignoring the irregularities in initial appointment of the petitioners on humanitarian considerations. In support of his submission the learned counsel for the petitioner has placed strong reliance on a reported decision of Hon'ble Apex Court rendered in H.C. Puttaswami and Ors. v. The Hon'ble the Chief Justice, Karnataka High Court AIR1991 SC 295 , [1991 (62 )FLR8 ], JT1990 (4 )SC 474 , 1991 LablC235 , 1990 (2 )SCALE942 , 1991 Supp(2 )SCC421 , [1991 ]Supp2 SCR552 , 1991 (1 )UJ126 (SC ), wherein appointments were found contrary to the existing statutory rules and invalid but the appointees have continued in service for a period of ten years. The Hon'ble Apex Court has protected and saved their services by directing to treat their service as regular on humanitarian grounds. The submission of learned counsel for the petitioner appears to have some substance.
(3.) A detailed counter affidavit has been filed wherein the aforesaid facts have not been disputed by the learned standing counsel. From the perusal of record also it appears that interim order is still continuing and has not been vacated earlier by this Court. Rejoinder affidavit filed today is taken on record. The counter-Rejoinder affidavits have been exchanged between the parties and case is ripe for final disposal.;