M.C. Tripathi, J. - (1.) Smt. Geeta Dixit and 5 others are before this Court for quashing Para 5 (1) of the impugned order dated 15.6.2015 passed by the Secretary, Basic Education, Government of UP, Lucknow -respondent No. 1 and have further prayed for direction commanding the respondents to extend all consequential benefits alongwith 12% interest thereon treating cadre holder post as per terms of earlier judgment dated 5.4.2002.
(2.) Brief background of the case, as is reflected from the record, is that a Non -Formal Education Scheme was initially introduced by the Central Government in the year 1979 -80 for imparting education to children in the age group of 6 to 14 years, who either did not attend any school or who after the joining left the school before completing primary education. Initially the expenses incurred towards the said scheme were shared by the State Government and Central Government in the ratio of 50 : 50 but later on, it was revised to 40% : 60%. The said scheme was implemented in the State of Uttar Pradesh under the Directorate of Education (Basic) U.P. For the smooth running of the scheme, certain posts, including the posts of Supervisors were created by the State Government vide Government Order dated 11.8.1981 to supervise the work at various centres. Consequently appointments were made to the post of Supervisors by the Government on 11.2.1982. The said scheme was purely temporary in nature. Appointments were made purely on temporary and ad hoc basis and were liable to be terminated at any time without notice. It appears that subsequently the said scheme was modified and was known as 'Non -Formal Education Project'. Various posts were created by the Government on 30.3.1988. The said posts so created included the post of Project Officer at project level. It is also reflected that the project itself was temporary in nature. The Government Order clearly visualised that all the posts would be temporary liable to be abolished at any time without any prior information.
(3.) It is also reflected that the posts other than the posts of Project Officer (Pariyojana Adhikari) had their equivalent posts in the education department under the Director of Education, U.P. and accordingly all the posts other than posts of Pariyojana Adhikari were filled on deputation by transfer of officers/officials holding equivalent posts in the regular education. The State Government vide order dated 15.7.1988 had proceeded to appoint a Selection Committee empowered to select Project Officers. As per terms and conditions the persons appointed as Project Officers would be bound to work for at least three years and further that on cessation of the project, their services would automatically come to an end. The Non -formal Education Project as indicated above continued till 31.3.2001. Thereafter, the Central Government stopped funding and abrogated the project. Consequently, the State Government proceeded to come out with a revised project under the name of 'Education Guarantee Scheme and Alternative and Innovative Education' w.e.f. 1.4.2001. The petitioners did not hold any lien on any posts as they were initially appointed as supervisors under 'Non -Formal Education Scheme', the posts were abolished but they were selected and re -engaged on the post of Project Officers under the 'Non -Formal Education Project' itself. Most of the petitioners were issued appointment letters on 13.8.1989 and on 27.2.1991. A Writ Petition being Civil Misc. Writ Petition No. 42806 of 2000 came to be filed by Pradeshiya Pariyojana Adhikari Anopcharik Shiksha Sangh, U. P., through its General Secretary and ors. v/s. State of U. P. and Ors., inter -alia for the following reliefs : "(a) A writ, order or direction of a suitable nature commanding the respondents to treat the posts of Project Officer, Non -Formal Education as cadre post in the subordinate education (Gazetted) service with all consequential benefits thereof to the petitioners and the members of the petitioner No. 1 Association; (b) A writ, order or direction of a suitable nature commanding the respondents to treat the petitioners as regularly and substantively appointed on the post of Project Officer, Non -Formal Education and as members of Subordinate Education (Gazetted) Service with all consequential benefits thereof; (c) A writ, order or direction of a suitable nature commanding the respondent No. 1 to take a Director, Non -Formal Education, U. P., Lucknow, as contained in his communication dated 4.2.1999 and 19.1.2000 (Annexures -20 and 17 to the writ petition); within a period to be specified by this Hon'ble Court and to maintain the existing status of the petitions till such decisions;";