- (1.) The special appeal has arisen from a judgment and order of the learned Single Judge dated 29 September 2015. Between 1978 and 1981, the respondents were initially appointed as untrained Lekhpals for different periods in various Tehsils of District Ballia for a limited duration. The Board of Revenue issued a circular on 15 January 1986 to impart training to those untrained Lekhpals who had worked on an ad-hoc basis during a specific period. On 3 October 1988, the Board of Revenue issued a circular directing the Collectors to send them on training after verifying the period of service. Upon representations submitted by the respondents to the effect that their names should be forwarded to the Lekhpal Training School after verification, the Secretary of the Board of Revenue addressed communications to the Collector, Ballia for verification of the service of the respondents. According to the respondents, the Collector, Ballia addressed communications to the Board of Revenue verifying the period of service and of educational qualifications of the respondents. In pursuance thereof, the respondents joined the training programme. They completed the training by clearing the written examination and interview. Results were declared on 10 July 1991 by which the respondents were found to be successful.
(2.) On 31 July 1991, an ex parte report was submitted by the Chief Revenue Officer, Ballia finding that the respondents had not worked as untrained Lekhpals. In consequence, the result was cancelled by the Board of Revenue on 19 August 1991. A writ petition1 was filed before this Court by the respondents. By a judgment and order dated 16 September 1992, the writ petition was allowed on the ground that the order of cancellation had been issued without affording to the candidates an opportunity of being heard. The order dated 19 August 1991 cancelling the result was set aside. According to the respondents, appointment letters were thereafter issued to them on or about 24 October 1992.
(3.) On 30 August 1994, a notice to show cause was issued followed by another notice dated 22 November 1994 under Rule 214 of the Land Record Manual. Once again the result of the Lekhpal Training Course was cancelled on 29 August 1995. An interim order was passed by this Court on 8 January 1996 in a writ petition2. According to the respondents, all untrained Lekhpals who had completed ten years continuous service were subjected to a three months special training and a list was prepared which included their names on 29 March 2006. The case of the respondents was that during the pendency of the writ petition, their services were confirmed and they were also granted promotional pay scales. The writ petition was eventually disposed of on 10 April 2013 by directing that fresh opportunity of being heard be given to the respondents and with a direction that the order which is impugned would abide by the result of the decision to be taken by the Board of Revenue. Eventually, a fresh order was passed by the Board of Revenue on 11 July 2013, placing reliance on a report of the Collector dated 31 July 1991 and a fresh verification dated 10 April 2013. The respondents were held to be ineligible to be appointed on the post of Lekhpals and directions were issued for taking necessary steps thereupon in accordance with law.;