- (1.) R. A. Sharma, J. What are the dates with reference to which the seniority of ad hoc Assistant Prosecuting Officers ap pointed in 1977/1978 and the temporary As sistant Prosecuting Officers appointed in 1984/1985, is to be determined, is the ques tion involved in this writ petition.
(2.) BEFORE the commencement of the Code of Criminal Procedure, 1973 Public Prosecutors used to be appointed under the Police Act and the Regulations framed thereunder. Section 25 of the said Code banned the appointment of the police offi cials as Assistant Public Prosecutors. The Government of U. P. accordingly framed rules known as the Uttar Pradesh (Appoint ment of Assistant Public Prosecutors) Rules, 1974 (hereinafter referred to as the 1974 Rules ). Rule 3 provided for absorption of the existing Public Prosecutors and Assis tant Public Prosecutors. Rule 4 deals with the appointment of Assistant public Prosecutors in future. The post of Assistant Public Prosecutors was redesignated as As sistant Prosecuting Officers (hereinafter referred to as APO's ). The Government ap pointed a number of, AP. O's. on ad hoc/temporary basis. Vide order dated 8-2-1977, 192 ad hoc/temporary AP. O's. were appointed by the Government and vide another order passed on 24-12-1977, 51 more such officers were appointed on similar terms and conditions. Respondents No. 4 to 222 to this writ petition are the A. P. O's. appointed in 1977/1978 by the aforementioned orders. All these appoint ments were made initially for a period of one year or till regularly selected candidates join the posts, whichever is earlier. But the periods of their appointments were ex tended from time to time. In 1980 tem porary posts of A. P. O's. were confirmed and on 27-11-1980 Directorate of Prosecution was constituted by the State Government. Earlier the AP. O's. posts were not within the purview of the U. P. Public Service Com mission (hereinafter referred to as the Com mission), but on 27-1-1980 they were brought within the purview of the Commis sion. On requisition of the State Govern ment, the Commission on 14- 5-1982 adver tised 460 posts of AP. O's. which included the posts on which the respondents No. 4 to 222 were appointed on ad hoc basis in 1977/1978. Some of the ad hoc A. P. Os. filed writ petition No. 6157 of 1982 before this Court challenging the above advertisement and seeking direction for regularisation of their service. While entertaining the writ petition this Court passed the following in terim order: "process of the selection may go on but the services of the petitioners shall not be terminated on the ground of the new selection. " As this Court did not stay the examina tion, the Commission conducted the written test in 1982, the result of which was declared on 26-11-1983. By letter dated 16-1-1984 the Government informed the Commission that it has decided to regularise the service of the ad hoc AP. O's. appointed in 1977/1978. The Commission was according ly requested to declare the result of 253 candidates instead of 460. In February and March 1984 the Commission interviewed the candidates who were successful in the written test and on 24-3-1984 it declared the result of the examination of A. P. Os. , on the basis of which the Commission recom mended the names of 450 candidates in stead of 253, as required by the Govern ment, vide its letter dated 16-1-1984. In 1979 the Government of U. P. framed The Uttar Pradesh Regularisation of ad hoc Appointments (on Posts within the purview of Public Service Commission) Rules, 1979 (hereinafter referred to as the Regularisation Rules ). Rule 4 of these Rules casts an obligation on the Govern ment to consider the claims of the Govern ment servants appointed on ad hoc basis on or before 1-1-1977, for regularisation of their service before making regular ap pointments. These Rules were amended vide notification dated 22-3-1984 changing the cut-off date from 1-1-1977 to 1-5-1983, giving benefits of regularisation of service to those ad hoc appointees also who were ap pointed on or before 1-5-1983.
(3.) AS before the declaration of the result of the examination of AP. O's. by the Commission, the Regularisation Rules have been amended giving benefits of regularisation of service to all ad hoc appointees, who were appointed before 1-5-1983, the Government did not make any appointment on the basis of the recommendation of the Commission dated 24-3-1984. On 17-4-1984 the Government constituted a Selec tion Commission for considering the cases of regularisation of ad hoc A. P. Os. ap pointed in 1977/1978. However, the Selec tion Committee could not do much in the matter initially due to non-availability of the service records and thereafter because of the interim orders granted by this Court in several writ petitions filed from time to time, reference of which has been given in the counter-affidavit filed on behalf of the State. Reference of some of the writ peti tions has also been given in the writ petition as well as in the counter-affidavit filed by private respondents. AS illustration it may be mentioned that writ petition No. 1146 of 1984 was filed in which an interim order was passed staying the appointments under the Regularisation Rules. Yet another writ peti tion No. 1483 of 1985 was filed on 15-4-1985 in which similar interim order was passed. The stay order in writ petition No. 1146 of 1984 was vacated on 3-9-1985, but the stay order in other writ petition remained in force. On 21-1-1987 another writ petition No. 491 of 1987 was filed in which also stay was granted, which was vacated on 5-5-1993. AS the service of ad-hoc AP. O's. could not be regularised in view of the interim orders passed by this Court in writ petitions filed from time to time, the Government ap pointed on 28- 12-1984, 178 candidates from the list of the candidates sent by the Com mission on temporary basis, subject to the orders which may be passed by this Court in pending writ petitions. It was further men tioned in the appointment order that the question of their seniority will be decided latter on. On 25-1-1985 and5-2-1985 30 and 8 more such appointments were made on similar conditions. After the interim order against the regularisation of service of ad hoc A. P. O's. was vacated by this Court on 5-5-1993, the Government of U. P. on 15-3-1994 regularised the service of ad hoc AP. O's. appointed in 1977/1978. After regularising their service the Government passed an order dated 7-7- 1994 laying down the criteria for determining seniority of the A. P. O's. on the basis of which a draft seniority list was prepared. By the same order the Government also invited objec tions against the draft seniority list. The petitioners, who were appointed as tem porary A. P. O's. in 1984 and 1985 have filed this writ petition challenging the said order dated 7-7-1994.;