Sudhir Agarwal, J. - (1.) Both these writ petitions filed by the petitioner Brigadier Amitabha since involves similar questions of law and fact, as agreed by learned Counsel for the parties, they have been heard together and are being decided by this common judgment.
(2.) The petitioner joined Indian Army commissioned as 2nd Lieutenant in September, 1970 and after serving for about 34 years was relieved therefrom since he was going to attain the age of superannuation. It so happened that he applied for premature retirement since in the meantime he was offered employment as Director Sainik Kalyan Evam Punarwas, State of U.P. by the State Government and in order to join the new assignment, he sought premature retirement from Indian Army which was accepted by the Government of India Ministry of Defence vide letter dated 30.8.2004. The State Government issued appointment letter dated 9.8.2004, a copy whereof' has been placed on record as Annexure-3 to the writ petition No. 1659 of 2006. to the petitioner appointing him on the post of Director Sainik Kalyan Evam Punarwas The aforesaid post itself was temporary, consequently the petitioner was appointed temporarily on the said post in the pay scale of Rs. 14,300 -18,300/ subject to certain conditions contained in the said letter dated 9.8.2004 which includes that the appointment of the petitioner is on contract basis initially for a period of one year, liable to be extended twice each time for one year but shall automatically cease on expiry of three years or on attaining the age of 60 years which ever is earlier. The petitioner while working as Director, Sainik Kalyan Evam Punarwas was under the State Government and his services were liable to be terminated even before expiry of one year in case of being found un-satisfactory. Pursuant to the said appointment latter, the petitioner joined on 14.9.2004. It appears that after expiry of one year, the matter of extension was considered by the Government and vide order dated 17.10.2005 (Annexure-7 in writ petition No. 1659 of 2006), the extension was allowed for a period of two years with effect from 14.9.2005 to 13.9.2007 subject to other conditions as contained in the appointment letter dated 9.8.2004. Further while working as Director, Sanik Kalyan Evam Punarwas U.P Lucknow, the State Government passed another order on 22.9.2005 giving additional charge of Managing Director U.P. Purva Sanik Kalyan Nigam Ltd. (hereinafter referred to as 'Corporation') to the petitioner. The order dated 22.9.2005 mentions that in his capacity as Director, Sainik Kalyan Evam Punarwas U.P., the petitioner was Ex. Officio(Paden) Director of the Corporation and therefore, shall look after the work of the post of Managing Director of the Corporation for which no additional remuneration shall be payable to him. The petitioner pursuant to the aforesaid order of the Government started to function as Managing Director of the Corporation. It is said that the Board of Directors of the Corporation vide resolution No. 62/2004, passed in its meeting dated 30.1.2006 also approved/ rectified the said decision of the Government. The petitioner claimed to have worked very. efficiently as a result whereof the Corporation showed wide spread progress, and development in various spheres of its functioning. It is said that the concerned Minister of the department namely respondent No. 2 in writ petition No. 1659 of 2006 desired vide its order communicated to the petitioner vide Government letter dated 4.4.2006 to terminate all the persons working as Zila Sainik Kalyan Evam Punarwas Adhikari in 65 districts of State of Uttar Pradesh to which the petitioner did not agree and refused to comply. He submitted his reply vide letter dated 7.4.2006 requiring the Government to pass appropriate order at its own level : Vide letter dated 27.4.2006, sent by the Special Secretary to the Government, the petitioner was informed that he should comply with the Government letter dated 4.4.2006 and inform the Government accordingly, whereupon, the petitioner sent letter dated 27.4.2006 informing the concerned authorities not to make any further payment of salary to various persons working as Zila Sainik Kalyan Evam Punarwas Adhikari whose period of contract has already expired.The petitioner thereafter also requested the Government to extend the contract of the aforesaid officers since they are involved in discharge of pious duty of ensuring payment of pension to Army veteran and war widows etc and are working re settlement of soldiers. It is said that the concerned Minister got annoyed with the petitioner as a result there of he directed the Principal Secretary, Samaj Kalyan and Sainik Kalyan to remove the petitioner from the post of Managing Director as a consequence whereof the order dated 20.9.2006 was issued by the Principal Secretary, Sanik Kalyan department communicating the decision of the Government to withdraw additional charge of the post of Managing Director of the Corporation from the petitioner and further directing that till further arrangement, Colonel A.K. Bajpai (retired) who was working as General Manager of the Corporation shall look after the work of Managing Director of the Corporation. Aggrieved by the order dated 20.9.2006, the petitioner preferred writ petition No. 1401 of 2006 (hereinafter referred to as first petition) seeking the following reliefs : "(a) To issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 20.09.2006 passed by the opposite party No. 1, and also the letter dated 04.08.2006 arbitrarily issued by the opposite party No. 4, the true copies of which are contained as Annexure Nos. 1 and 16 respectively to the writ petition. (b) To issue a writ order or direction in the nature of mandamus commanding the opposite parties to allow the petitioner to continue to function as Managing Director of Uttar Pradesh Poorva Sainik Kalyan Nigam Ltd., Lucknow notwithstanding the impugned order dated 20.09.2006 contained as Annexure No. 1 to the writ petition and further restraining the opposite parties 1 and 2 from treating and recognising and also restraining the opposite party No. 3 from working as Managing Director of Uttar Pradesh Poorva Sainik Kalyan Nigam Ltd., Lucknow on the basis of the impugned exercise contained in Annexure 1 to the writ petition. (c) To award the cost of this petition in favour of the petitioner. (d) To issue any other writ, order of direction in the nature and manner which this Hon'ble Court may deem fit and proper in the circumstances of the case
(3.) While the aforesaid writ petition was pending, another order was passed on 24.11.2006 stating that the extension of contract for the post of Director Sainik Kalyan Evam Punarwas U.P. Lucknow for two years by order dated 17.10.2005 was not in accordance with the terms of appointment letter dated 9.8.2004 which provides that at a time the extension can be granted only for one year, and therefore, the said extension expired on 13.9.2006 and there having no justification for extending the period of contract, therefore, the contract of the appointment of the petitioner on the said post of Director Sainik Kalyan Evam Punarwas U.P. Lucknow, is being cancelled/revoked with immediate effect.;