Siddharth, J. - (1.) Heard Sri Shyam Sunder Maurya, learned Counsel for the petitioner and Sri I.B. Singh, learned Counsel for the respondents.
(2.) The petitioner has filed the above noted writ petition, praying for quashing of the order dated 29.05.2000/ 12.07.2000, passed by the respondent no.1, the District Magistrate, Ghazipur, whereby he has upheld the order dated 06.12.1996, cancelling the appointment of the petitioner by the then District Magistrate. Further direction has been sought against the respondents of not interfering in the working of the petitioner, on the post of Clerk and for payment of his month to month salary in accordance with law.
(3.) The petitioner's case is that he was selected by a duly constituted Selection Committee on the post of Assistant Wasil Vaki Nabis (A.W.V.N.) on 14.02.1992. He was given appointment on the basis of the above selection by the order dated 18.02.1993. Since the respondents were trying to get their own persons selected by another Selection Committee, the appointment of the petitioner along with other persons was terminated. The petitioner alongwith other persons filed a C.M.W.P. No.19839 of 1993 before this Court, challenging the fresh selection process initiated by Collector, Ghazipur and prayed for allowing them to work and by the order dated 17.02.1995, the District Magistrate, Ghazipur was directed by this Court to take decision in the matter. Accordingly, the petitioner was issued a appointment letter dated 12.05.1995, appointing him on the substantively vacant post of clerk and he joined his duties on 21.06.1995. By the order dated 06.12.1996, the appointment of the petitioner made by the earlier District Magistrate, Ghazipur on 12.05.1995 was cancelled by the new incumbent. The petitioner again preferred C.M.W.P. No. 40506/1996, before this Court, wherein the order dated 06.12.1996 of the respondent no.1 was stayed by this Court by the order dated 19.12.1996 with liberty to the respondent No.1 to take fresh decision after hearing the petitioner. Thereafter, the petitioner was permitted to work in pursuance of the stay order dated 19.12.1996. On 13.03.2000, a show cause notice was issued by the respondent no.1 to the petitioner, fixing 17.03.2000 to show cause, why appointment order dated 20.12.1995, issued by the earlier District Magistrate should not be cancelled. The petitioner submitted his reply dated 17.03.2000, stating that his appointment was in accordance with the order dated 19.12.1996 of the Hon'ble High Court and therefore the show cause notice may be dropped.;