R.N.GURTU,J. - (1.) THIS is a petition under Art. 226 of the Constitution of India, by Radhey Raman Saxena.
(2.) THE petitioner by this petition as was explained to us orally by counsel in effect seeks the following reliefs : "1. that a writ of certiorari be issued to quash the order of reversion dated 9 -2 -1956, passed against the petitioner whereby he was reverted from the post of officiating Secretary, Legislative Assembly to his substantive post of Superintendent, Legislative Assembly. 2. that a writ in the nature of certiorari be issued quashing the recommendations made by the Public Services Commission for filling up the post of Secretary Legislative Assembly permanently and a direction to be issued preventing the implementation of the said recommendation by the Government and directing them to implement the Speakers recommendation regarding petitioners confirmation to the post of Secretary. Legislative Assembly made before petitioners reversion." 2a. The admitted facts are that the petitioner entered Government service on 1 -3 -1932, when he vas appointed to the post of Assistant Librarian in the Council Library. In 1946 he was permanently appointed to the post of Superintendent of the Legislative Assembly, which is a gazetted post. In 1952 the petitioner was appointed to the temporary post of officer on special duty in the Legislative Assembly. Thereafter in 1953 he was appointed to officiate in the post of Assistant Secretary, Legislative Assembly, in which post he had also previously officiated from time to time. He was then appointed an officiating Secretary of the Legislative Assembly with effect from 1 -4 -1955, as will appear from letter No. 374 (1) XVII -135/55 dated 7 -5 -1955, which is annexure 6 to the affidavit filed along with the petition. Since this letter has formed the basis of one of Chaudhari Niamatullas important points, it is necessary to quote it in extenso. It is as follows : JUDGEMENT_165_TLALL0_1958.htm On 23 -7 -1955, a recommendation was made by the Secretary, Legislature, to the Secretary to the Government, U.P. that the petitioner should be confirmed as Assistant Secretary, but if there was difficulty in his confirmation as Assistant Secretary, he should be confirmed as Secretary, Legislative Assembly with effect from 1 -5 -1955, the date of retirement of Sri. K.C. Bhatnagar. This letter, which is annexure 2 to the affidavit filed along with the petition, is important and needs to be quoted wholly : JUDGEMENT_165_TLALL0_1958 (2).htm
(3.) THEN on 6 -12 -1955, a note was put up by the petitioner to the Honble Speaker of the Legislative Assembly who made an endorsement on that date that an expeditions decision should be taken about the confirmation of the petitioner. The note, which is annexure -5 to the counter affidavit of Sri Sripati Sahai, runs as follows : "Honble Speaker made a recommendation to Government in July last about my confirmation on the post of Assistant Secretary, Legislative Assembly, with effect from the date that post was permanently vacant (Viz. 24 -12 -1952); but no orders have yet been issued in spite of reminders. There is an apprehension that this post which still exists in the budget (Vol. IV, page 64) may this year be omitted from permanent list, and if revived at all, may be created on a temporary basis which may naturally create complications in my confirmation. Irrespective of all this, my confirmation is long overdue as I was continuously working as Assistant Secretary since 24 -12 -1952, throughout on the maximum of its scale of Rs. 925/ - and had prior to it also officiated on that post about half a dozen times. The delay in taking up the question of my confirmation was obviously due to into issue of Government notification regarding Sri K.B. Saksenas confirmation as Secretary; Legislative Council, who then permanently held this post. 2. I have since been promoted as Secretary, Legislative Assembly from 1 -4 -1955 on that very pay of Rs. 925/ - and Honble Speaker has also recommended my confirmation as Secretary. But I ant equally anxious of my confirmation as Assistant Secretary as in that case I will have the advantage of 3 years permanent service on Rs. 925/ - for purposes of pension in case of voluntary or premature retirement which cannot be ruled out in the present circumstances particularly because of the serious head injury due to sudden fall while on official duty at Nainital some years back which revives sometimes. 3. I, therefore, beg respectfully to voice my feelings of frustration and despair that in spite of my exceptionally good service history of 24 years, and extraordinary outstanding contributions, such as saving to Government of over a lakh of rupees (certified by Finance Minister and Speaker) another similar contribution in Blitz case (certified by Chairman) even my confirmation on the vacant Assistant Secretarys post (which is a lower post than which I am now holding) could not be arranged during the long 3 years, even when it is Governments declared policy on para 26 of the Report of the Disciplinary Proceedings Enquiry Committee that cases of Exceptional and outstanding work may be deserving of special consideration even otherwise than at the time of promotion and repeated Government assurances to the Legislature that all possible efforts will be made to make Government servants permanent as far as possible. 4. A long period of about 5 months has now passed without any orders regarding my confirmation as Assistant Secretary. I, therefore, pray that Honble Chief Ministers attention may kindly be drawn to this and orders regarding my confirmation on the post of Assistant Secretary from 24 -12 -1952, may kindly be passed without further delay. Sd/ - R.R. Saksena. H.C.M. May kindly look into this and expedite decision about confirmation. Sd/ - A.G. Kher 6 -12 -55 SECY. This is the note sent to H.C.M. on 6 -12 -55 about which I spoke to Secretary yesterday. This may be kept in the relevant file. Sd/ - R.R. Saksena. 9 -12 -55 Seen Sd/ - Mithan Lal 9 -12 -55. ;