SUDHIR AGARWAL,J. - (1.) All these appeals have arisen from a common judgment dated 05.05.2009 passed by learned Single Judge (Hon'ble S.U. Khan, J.) deciding seven writ petitions collectively.
(2.) Learned Single Judge has found that appointments of petitioners were illegal. They all were result of fraud played by the then District Development Officer, Maharajganj (hereinafter referred to as "D.D.O.") who made appointments for extraneous considerations without following rules, hence, appointments were rightly cancelled by District Magistrate, Maharajganj (hereinafter referred to as "D.M.") vide order dated 16.01.1992. Learned Single Judge, however, instead of simply dismissing writ petitions, disposed of the same with following directions: "(i) Petitioners shall be permitted to continue to work on the posts they were appointed till they attained age of superannuation. (ii) They shall be paid salary at the lowest level of payscale in which they were appointed. (iii) They would be entitled for any increment or revision of pay subsequently affected. No allowance except dearness allowance shall be admissible to petitioners. (iv) They shall be entitled for any promotion and if promotion was already granted, the same shall stand withdrawn with immediate effect. (v) They would be entitled for any retiral benefits. Apart from the amount which they may have contributed towards provident fund. (vi) Salary and other benefits already paid shall be recovered. (vii) Sri Shiv Ram Bhatt, the then D.D.O. would pay damages of Rs. 1 lac to each of petitioners. The said amount shall be recovered from him as arrears of land revenue. (viii) If Sri Shiv Ram Bhatt has died, the amount shall be recovered from property left by him. (ix) Recovery shall positively be made by Collector concerned within four months and the amount so recovered shall be deposited in Government Treasury. (x) Other two Members of Selection Committee would also be liable to pay Rs. 25,000/each per petitioner as damages to Estate and the said amount shall also be recovered from them in the same manner."
(3.) Aggrieved by the above directions, these intra Court appeals under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 (hereinafter referred to as "Rules, 1952") have been filed only by petitioners before writ Court but also by State of U.P. and its authorities. Some appeals have been preferred by legal heirs of Late Shiv Ram Bhatt, the then D.D.O., from whom learned Single Judge has directed for recovery of damages of Rs. 1 lac to each of petitioners. The then D.D.O. died on 30.04.2006 when writ petitions were pending before learned Single Judge but there was no impleadment of Late Shiv Ram Bhatt in his individual capacity as also legal representatives were party before writ Court. Since judgment of learned Single Judge has caused serious injury to them, with application to seek leave to file appeals, legal representatives of Late Shiv Ram Bhatt have filed appeals.;