- (1.) RAKESH Tiwari, J. Heard Counsels for the parties and perused the record.
(2.) THE petitioner claims that he passed High School Examination in 1979 and intermediate examination in 1981 from the U. P. Board of High School and Intermediate, Examinations, Allahabad. He further claims that he being physically handicapped, was appointed on ad hoc basis as Assistant Wasil Baaqi Navis in the Revenue Record Room, Ghazipur for a period of six months vide order dated 1-6-1986 passed by the Collector, Ghazipur. He claims that 143 posts of Assistant Wasil Baaqi Navis were laying vacant in the district and as per Government instructions, 2% of vacancies was reserved for physically handicapped candidates. Out of 3 posts earmarked for physically handicapped persons, the petitioner alongwith one Sri Hari Mohan Singh were working on two of the three reserved posts for physically handicapped persons. It is alleged that Government order dated 18-7-1988 issued by the Samaj Kalyan Vibhag of the State of U. P. , laid down policy for regularization of services of the candidates who had been appointed one year prior to the issuance of the Government Order, i. e. , in 1987 or thereafter. The petitioner, on the strength of aforesaid Government order, claimed for regularization of his services.
(3.) THE Collector, Ghazipur sought clarification and necessary orders from Government vide his letter dated 13-1-1989, appended as Annexure V to the writ petition. According to the Collector, the aforesaid Government order dated 18-7-1988 did not provide any rules or procedure for regularization. When no clarification or order was received from the Government, the Collector Ghazipur passed the following order dated 24-2-1989 : "i have seen the file. In view of Commissioner's order dated 10-7-1988, Sri Jai Prakash Lal may be allowed to continue and others at Sl. Nos. 2 to 5 may be terminated as they are all ad hoc. Orders may be issued accordingly. Sd/-Jagan Mathew Collector, Ghazipur 24-2-1989" The contention of Counsel for the petitioner it that there is no complaint against the petitioner and out of four persons, whose services were terminated, the petitioner was the only physically handicapped person. Despite the fact that there were three posts earmarked for physically handicapped persons, as such, the services of the petitioner were illegally terminated. It is stated that in these circumstances, the petitioner has prayed for the reliefs of quashing the impugned order dated 24-2- 1989 aforesaid passed by the Collector Ghazipur and for a writ of mandamus commanding the respondents not to terminate the services of the petitioner without following regularization procedure.;