Rakesh Tiwari, J. - (1.) HEARD Sri Sharad Kumar Srivastava for the petitioners and Sri C. K. Parekh for the respondents.
(2.) BY means of this writ petition the petitioners have prayed for a writ of certiorari quashing the order dated 6.1.1997 passed by the Up Nagar Adhikari, Nagar Nigam, Varanasi, respondent no. 4 besides a writ of mandamus commanding the respondents to allow them to work upon their respective posts and to pay their salary regularly month to month. The facts of the case, in brief, are that petitioner no. 1 was appointed as Paid Apprentice Vaccinator on 18.12.1984 for three months which was extended twice and thereafter he was appointed on ad-hoc basis w.e.f. 3.10.1985 with the approval of the Administrator. One of the conditions of his appointment was that his services may be terminated at any time without prior notice. Thereafter on the basis of recommendations of Selection Committee he was promoted on the post of Vaccinator on ad-hoc basis w.e.f. 24.3.1988. Petitioner no. 2 was appointed as Paid Apprentice Vaccinator on 24.3.1988 by the District Health Officer, Nagar Nigam, Varanasi on ad-hoc basis on the basis of recommendations of selection committee constituted by the Administrator. He was promoted to the post of Vaccinator by order-dated 23.5.1988 and in his place one Shashi Kant Sharma was appointed as Paid Apprentice Vaccinator.
(3.) THE petitioners were terminated from service vide order dated 6.1.1997 in pursuance of the order of Mukhya Nagar Adhikari dated 28.12.1996 allegedly without prior notice and opportunity of hearing. The grievance of the petitioners, inter alia, is that despite being appointed against substantive post of Vaccinator they have been terminated without any notice or affording any opportunity and that the order has been passed by an authority below in rank of the appointing authority. While granting time to file counter affidavit and rejoinder affidavit the Court granted interim order dated 3.2.1997 staying the operation of the impugned order dated 6.1.1997.;