U.P. TOWN AVAM NOTIFIED AREA KENDRIYAT SEWA SANGH AND OTHERS Vs. STATE OF UTTAR PRADESH
LAWS(ALL)-1986-1-56
HIGH COURT OF ALLAHABAD (AT: LUCKNOW)
Decided on January 28,1986

U.P. Town Avam Notified Area Kendriyat Sewa Sangh Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

S.S. Ahmad, J. - (1.) THE petitioners were apparently appointed on ad -hoc basis on the posts in question prior to 1 -5 -1983. Their grievance in the petition is that the posts on which they are working have been included in the advertisement contained in Annexures -1 and 2 in pursuance of which direct appointments will be made and they will have to compete with the outsiders who apply for these posts in response to the said advertisement. They claim the benefit of the U.P. Regularisation of Ad -Hoc appointments (on Posts Outside the Purview of the Public Service Commission) Rules, 1979. The instructions given by the State Government to the Standing Counsel which were placed before us are as follows: - - Rule 31 of the U.P. Town Area and Notified Area Committees (Centralised) Services Rules, 1976 provides temporary arrangements with regard to the appointment of Secretaries of the Town Area/Notified Area Committees for a period of six weeks beyond which the State Government shall make officiating arrangements.
(2.) SOME of the Secretaries appointed under rule 31 either by the District Magistrate or by the Government prior to 1 -5 -1983 are still continuing in the same capacity without any break. An advertisement was published by Government to the effect that the selection will be held shortly to select suitable candidates to fill up certain vacancies of the Secretaries of the Town Area/Notified Area Committees in U.P. It was indicated in the advertisement that the candidates already working under rule 31 of the aforesaid rules should also submit their applications through their District Magistrates concerned. It had also been indicated in the advertisement that the maximum age limit of the candidates who are already working under rule 31 will be relaxable to the extent to which they have put in as continuous service on the post of Secretary.
(3.) THE main point raised by the petitioner is that the candidates who have been working on the post of Secretaries for more than four years have also been required to put in their applications for selection which is illegal because they have acquired the status of confirmed employees.;


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