- (1.) DILIP Gupta, J. The quashing of the order dated 27th September, 2005 passed by the learned District Judge, Hamirpur terminating the services of the petitioners who were serving as Chaukidars in District Judgeship, Hamirpur has been sought in all the three petitions and, therefore, they have been heard together and are being decided by a common judgment.
(2.) I have heard Sri Vikas Budhwar learned Counsel for the petitioner in Writ Petition No. 68129 of 2005 and Writ Petition No. 68131 of 2005 while Sri V. K. Agnihotri learned Counsel has appeared for the petitioner in Writ Petition No. 69060 of 2005. On behalf of the District Judge, Hamirpur, Sri Rajiv Gupta has made his submissions while the learned Standing Counsel has made his submission on behalf of the State of U. P. Sri M. P. S. Chauhan has put in appearance on behalf of Sri Ratnakar Dixit the then District Judge, Hamirpur. Sri Surendra Nath Yadav who has filed Writ Petition No. 68129 of 2005 claims to have been appointed as a temporary Chaukidar in District Judgeship, Hamirpur by means of the order dated 25th November, 1997 w. e. f 1st December, 1997. He claims to have been subsequently transferred and posted as Process Server by means of the order dated 28th May, 2002 and then as an Office Peon by means of the order dated 7th June, 2005. He was issued a show-cause notice dated 6th September, 2005 by the District Judge, Hamirpur calling upon him to explain why his services should not be terminated as there was no vacancy on the post of Chaukidar when he had been appointed on 1st December, 1997. A reply to the aforesaid show-cause notice was filed by the petitioner on 21st September, 2005 and thereafter the order dated 27th September, 2005 was passed terminating the services of the petitioner on the ground that there was no vacancy on the post of Chaukidar when the petitioner was appointed. Writ Petition No. 68131 of 2005 has been filed by Govind Narain. It has been stated that he was appointed as a temporary Chaukidar by the District Judge, Hamirpur by means of the order dated 15th February, 2005. He was thereafter transferred as a Process Server by means of the order dated 1st April, 2005 and then again as Chaukidar by the order passed in May, 2005. Soon thereafter he was again transferred as Office Peon by the order dated 31st May, 2005. A show-cause notice dated 6th September, 2005 was issued by the District Judge, Hamirpur calling upon him to explain why his services should not be terminated as there was no vacancy to the post of Chaukidar when he had been appointed on 15th February, 2005. A reply to the aforesaid show-cause notice was filed by the petitioner on 22nd September, 2005 and thereafter the order dated 27th September, 2005 was passed terminating the services of the petitioner on the ground that there was no vacancy on the post of Chaukidar when the petitioner was appointed.
(3.) SRI Om Prakash, who has filed Writ Petition No. 69060 of 2005, claims to have been appointed as a temporary Chaukidar by the District Judge, Hamirpur by means of the order dated 15th February, 2005. He was thereafter transferred as Orderly by means of the order dated 31st March, 2005. A show-cause notice dated 6th September, 2005 was issued by the District Judge, Hamirpur calling upon him to explain why his services should not be terminated as there was no vacancy to the post of Chaukidar when he had been appointed on 15th February, 2005. A reply to the aforesaid show-cause notice was filed by the petitioner on 21st September, 2005 and thereafter the order dated 27th September, 2005 was passed terminating the services of the petitioner on the ground that there was no vacancy on the post of Chaukidar when the petitioner was appointed. The appointment to Class IV post in District Judgeship is provided under Rule, 4 of the U. P. Subordinate Civil Courts Inferior Establishment Rules, 1955 (hereinafter referred to as the 'rules') and the same are as follows: "4. Method of recruitment.- Recruitment to the following posts in the establishment shall be made. (1) Daftaries and bundle lifters - By promotion strictly on merits from amongst process-servers, orderlies, office peons and farrashes who have put in at least five years service as such : Provided that no person shall be promoted to these posts unless he is able to read and write Hindi in Devnagri Script with correctness and fluency and can discharge the duties of the office satisfactorily and in the case of the post of daftari unless he also knows book binding. (2) Process servers, orderly, peons, Office peons and farrashes - (a) by appointment of candidates on the waiting list prepared under Rule 12 or (b) by transfer from one post to another according to suitability. (3) Chaukidars, Malis, Waterman and sweepers - By direct recruitment on the discretion of District Judge. ";