- (1.) PALOK Basu, J. The petitioner, Virendra Nath Dubey and two other petitioners challenge the orders dated 14-1-97 passed by the Director of Ayurvedic and Unani Services, U. P. Lucknow (for short the Director) by which the petitioners' services have been terminated. The petitioners al lege to have been appointed as Pharmacists, a Class III post, by the Ayurvedic Direc torate of the State of U. P.
(2.) AT the very outset it may be pointed out that according to the admitted stand of the State, there was collosal illegal withdrawal from State exchequer without budgetary allocation by persons connected with Ayurved and Unani Department in cluding the then Director the Late Dr. Shiv Raj Singh and various Government offi cials. It now appears that issuing illegal ap pointment letters to a large number of per sons without any post or vacancy was another act of criminal activity and illegal earning by the then Director and some offi cials. C. B. I. has already charge-sheeted seven accused in the "scam" including the then Health Minister and the then Secretary. Investigation regarding ancillary matters is going on regarding which perio dical reports are being submitted by the C. B. I. to this Court. The State Government it appears, has simultaneously taken up the exercise of finding out the cases of fake/forged appointment letters to various persons and it has been indicated by the State that these three cases fall in the category of wholly illegal appointments without any post, vacancy or advertisement and no record concerning these alleged ap pointments is available at the Directorate. Sri S. K. Kalia learned Counsel for the petitioner assisted by Sri Y. K. Misra have been heard at considerable length. In opposition Sri R. K. Singh, Addl. Advocate General assisted by Sri A. K. Verma have also been heard at equal length. Affidavits have been exchanged and the writ petitions are being finally disposed of at the admis sion stage as prayed. All the petitioners have pleaded in these writ petitions that they nave been validly appointed and therefore, the impugned orders are illegal for various reasons, all of which has been denied by learned Addl. Advocate General. It appears that the State Govern ment had initially passed some order on 17-6-92 as a result of which the daily wage appointments were done away with. This saw several writ petitions being filed in the High Court and termination orders of those employees appears to have been interfered with. The State Government issued another order, dated 2-3-93 commanding the Direc tor to absorb (i. e. SAMAYOJAN) those daily wage employees in Class III and Class IV against the available vacant posts in the department.
(3.) PETITIONER, Virendra Nath Dubey al leges to have been appointed as a daily wager in Ayurvedic Hospital, Ratnupur, District Jaunpur. It is further alleged by him that several persons were regularised in view of the aforesaid G. O. dated 2-3-93 and therefore, having come to know that, he made a representation for being similarly regularised. The Government did not pass any order and this inertia on the part of the Government/directorate compelled the petitioner to join hands with the other two petitioners who were similarly placed, to file writ petition No. 5258 (S/s) of 1994, Ajai Kumar Srivastava v. State of U. P. and others, in (the Lucknow Bench of) this Court. This writ petition was finally disposed of by Hon'ble Single Judge on 2-11-94. A copy of the said order which has been annexed as Annexure- II to the writ petition indicates that the petitioners representation was directed to be decided by the State i. e. the Directorate. The petitioner alleges that he produced the certified copy of the order dated 2-11- 94 before the Director whereafter the Director passed an order dated 15-12-94 posting the petitioner to Aligarh absorbing him against a vacant post there. A copy of the said order dated 15-12-94 has been filed as Annexure III to the writ petition. In paragraph 12 of the writ petition the petitioner makes the following aver ments: "that the petitioner submitted his joining to the Regional Ayurvedic and Unani Officer Aligarh and on the information given by the Regional Officer Aligarh, the Opposite Party No. 2 vide his order dated 1-2- 95 modified his earlier order as contained in Annexure-II to the extent that the petitioner will take over the charge at State Ayurvedichospitalshahganj, Jaunpur. A true copy of the order is being filed herewith as Annexure-IV to this writ petition. " Thereafter the petitioner alleges that on 2-2-95 he took over charge of the post at Shahganj, Jaunpur. Copy of the order dated 2-2-95 has been filed as Annexures V and VI respectively indicating/al legedly that the petitioner was validly ab sorbed in the office at Jaunpur. In para graphs No. 15, 16, 17 and 18 the petitioner has pleaded that he had worked well during the terms of his employment; some similarly situated persons are working in the Direc torate; regularisation of persons like the petitioner has been done and this Court has passed some interim orders concerning similarly placed officials; on the aforesaid pleadings the petitioner has prayed that a writ in the nature of certiorari should issue quashing the termination order, dated 14-1-97 and a mandamus should also go com manding the opposite parties to allow the petitioner to work on the post of Pharmacist and pay the salary whenever it falls due.;