SANGEETA CHANDRA, J. - (1.) All these appeals relating to District Maharajganj, have been filed by the State of U.P against the order passed by the Hon'ble Single Judge dated 10.5.2004 in Writ Petition No. 41981 of 1992 (Vijay Krishna Chaturvedi and another v. State of U.P. and others), Writ Petition No.41982 of 1992 (Shripati Narayan Singh and 9 others v. State of U.P and others) and the judgment and order dated 16.8.2007 passed in Writ Petition No.41662 of 1992 (Shambhu Nath Pandey and 2 others v. State of U.P and others) wherein the Hon'ble Single Judge has relied upon judgment dated 10.5.2004 and quashed the impugned order dated 30.10.1992 cancelling the appointment of the respondent petitioners and directed that they shall be deemed to have been regularized with effect from 26.6.1991
(2.) The facts relevant for deciding these special appeals as given in the 3 writ petitions are as follows:- In the writ petition filed by Shripati Narayan Singh and 9 others, it was alleged that in 1985 respondent petitioners 1 to 6 were selected as Assistant Wasil Baki Navis (herein after referred to as AWBN) along with several others, but were given only short term seasonal appointments. Petitioners No.6 to 10 were similarly selected as Assistant Wasil Baki Navis (AWBNs) in a selection held in 1981 in District Gorakhpur but were given only short term seasonal appointments and all of them continued as such on short term seasonal basis till 2nd October 1989 when District Gorakhpur was bifurcated and new District Maharajganj was created. In District Maharajganj they continued to function on an adhoc basis and at one point of time the District Magistrate, Maharajganj proposed to hold a formal examination to make them regular. The petitioners however, protested and representations were filed claiming regularization on the basis that they had already faced one selection in District Gorakhpur. The idea of holding a formal selection for regularization was dropped by the then District Magistrate, Maharajganj. See Para 3.
(3.) Later on a fresh selection committee was constituted on a proposal of the Prabhari Adhikari Sanyukt Karyalaya and the parties were selected and appointed on 26.6.1991.;