- (1.) This writ petition is directed against orders dated 25.8.1992 and 31.8.1992, passed by respondent nos.2 and 3 respectively, holding that petitioners have secured employment on the basis of forged documents, and as such, they be terminated. A further prayer has been made to restrain the respondents from interfering in the functioning of the petitioners, as Operators, in the Lift Canal Pump Scheme of the respondent irrigation department.
(2.) The averments in the writ petition are to the effect that petitioners were initially appointed in Irrigation Department at Ghazipur. While petitioner nos.1 and 2 allege to be in employment since 1973, petitioner no.3 has claimed to be employed since 1976, and there has been no complaint against their working. An order dated 25.8.1990 is stated to have been issued by the office of Executive Engineer, Irrigation Department, Ghazipur, declaring petitioners to be surplus, and accordingly, an order dated 2.2.1991 was issued by the office of Chief Engineer for absorbing them in Irrigation Division, Varanasi. Pursuant to such order, petitioners claimed to have been relieved on 12.3.1991. By a separate order enclosed as Annexure-3 to the writ petition, petitioners were assigned work at the different pump canals within Varanasi Region. Orders were also passed on 15.3.1991, permitting petitioner no.2 to work at Western Pump Canal, Newajganj. It was subsequently found that the order dated 25.8.1990 was forged. Immediate orders consequently were passed to remove the petitioners from service and also to lodge an F.I.R. On 25.8.1992. Consequential orders were passed by the Executive Engineer dated 31.8.1992. It is these two orders dated 25.8.1992 and 31.8.1992, which have been challenged in the present writ petition.
(3.) A counter affidavit has been filed in the writ petition on 9.1.2014, in which service book of the petitioners were annexed as Annexure-1. According to the entries made in the service book of petitioner no.1, his date of birth is 21.11.1960 and he was appointed on work charge on 1.1.1978 in the office of Executive Engineer, Division-27, Raebareilly. The service book of petitioner no.2 shows that his date of birth is 3.9.1968 and he was engaged on work charge for the first time on 8.6.1986, in the office of Executive Engineer, Ghazipur. So far as petitioner no.3 is concerned, his service book shows that his date of birth is 8.10.1959 and he was also engaged on work charge on 1.1.1976 in the office of Executive Engineer, Ghazipur. Respondents have annexed a chart in the counter affidavit as annexure-2, according to which, as per the entries made in the service books, petitioners were appointed when they were less than 18 years of age, and as such, their appointment is not valid. Respondents have also annexed letter sent by the office of Chief Engineer (Soan), Varanasi, dated 3.8.1992, enquiring about genuineness of letters declaring petitioners as surplus, which has been replied by the concerned Executive Officer stating that no such letter declaring the petitioners as surplus was issued by his office.;