- (1.) These two special appeals have been preferred by the State of U. P. and District Magistrate Lucknow against a common order of a learned Single Judge of this Court disposing of two writ petitions filed by the respondent Sri Kedar Nath Pande. They can be conveniently disposed of by a single judgment.
(2.) Sri Kedar Nath Pande was employed as a clerk in the office of the Deputy Commissioner Lucknow. In July, 1948 he was promoted to the post of Election Head Clerk- in the District Election Office. In February, 1959 he was appointed to the post of Election Inspector in the same office. He attained the age of 55 on 15-8-1962 and retired in accordance with the rule relating to superannuation of Government servants. On September 10, 1962, however, the Secretary to Government and Chief Electoral Officer sent a letter (copy, Annexure 1 to the writ petition No. 334 of 1957) to the Deputy Commissioner Lucknow, stating that as a very special case Government had agreed to grant re-employment to Sri Kedar Nath Pande on the post of Election Inspector with effect from the date of his taking over charge till March 31, 1963. It was also stated therein that formal orders would follow. Sri Pande rejoined the post on 18-9-1962 in pursuance of the said letter. Formal orders were issued in the form of a letter to the District Officer Lucknow on December 4, 1962 (copy, Annexure 2 to the aforesaid petition). In this letter it was laid down that the salary of Sri Kedar Nath Pande would be the same as he was drawing on the date of retirement, less pension, and without special pay of Rs. 25. It appears that Sri Pande continued to work after 31-3-1963 and by another letter (copy, Annexure 3 to the petition) Sri Pande's reemployment was extended by one year. His re-employment was thus to cease on March 31, 1964, but the same day, by a letter (copy is Annexure 4 to the writ petition) from the Secretary to Government, U. P., Nirvachan Vibhag, addressed to the District Magistrate Lucknow, Sri Pande was sanctioned a further extension of re-employment "from April 1, 1964, till he attains the age of 58 years or till the expiry of the term of the post of Election Inspector, whichever is earlier". However, another letter from the Secretary of the same Vibhag was issued to the District Magistrate, Lucknow, referring to the letter of extension of March 31, 1964 and stating that "in partial modification of the orders contained therein the Governor has been pleased to sanction the re-employment of Sri Kedar Nath Pande, Election Inspector, Lucknow for a period of three months only with effect from April 1, 1964 to June 30, 1964". This letter was issued on 25-4-1964 and its copy is Annexure 5 to the writ petition.
(3.) Sri Pande, upon being served with a copv of this letter filed a writ petition (numbered as No. 344 of 1964) on 20-5-1964, having served a copy thereof, however, on the Senior Standing Counsel to Government on 11-5-1964. The Secretary to Government and Chief Electoral Officer sent to Sri Pande a letter dated May 16, 1964, referring to the Government order dated March 31, 1964, as modified by the order dated April 25, 1964, by which the term of re-employment would automatically come to an end on the expiry of June 30, 1964, and stating that without prejudice to the modifying Government order "the Governor is hereby pleased to give you notice that in any event your services shall stand terminated from the expiry of June 30, 1964 in terms of general rule promulgated under notification No. 230/ IIB-1953 dated January 30, 1953, regulating the termination of services of temporary Government servants." On receipt of this letter Sri Pande filed a fresh writ petn. (numbered as No. 357 of 1964) and annexing a copy of notice aforesaid as Annexure 6 thereto. In the first writ petition the prayer was for quashing the order dated 25-4-1964 and issuing a writ of mandamus or a writ, order or direction in the nature of mandamus directing the opposite parties (the present appellants) to refrain from giving effect to the order dated 25-4-1964. In the second writ petition the prayer was. for quashing the order dated 16-5-1964 and issuing a writ of mandamus refraining the opposite parties (present appellants) from giving effect to the order dated 16-5-1964 and the order dated 25-4-1964;