DILIP GUPTA, J. - (1.) THE petitioners have filed this petition for quashing of the order dated 2nd March, 2007 passed by the Inspector General of Police, Recruit Training Centre, Chunar, District Mirzapur as well as for a direction upon the respondents not to interfere with the functioning of the petitioners as Class IV employees and to pay their salary including arrears of salary from February, 2007.
(2.) IT has been stated in the writ petition that petitioner nos.1 was appointed as temporary Mason on ad hoc basis at the Police Training Centre Unnao in the pay scale of Rs.775-1025 by the order dated 16th November, 1990. Likewise, petitioner nos.2 and 3 were also appointed as temporary Cooks on ad hoc basis in the pay scale of Rs.750-940 by the orders dated 26th December, 1990 and 16th March, 1991 respectively. They continued to work as such when an order dated 2nd March, 2007 was issued by the Inspector General of Police, Recruit Training Centre, Chunar, District Mirzapur. It mentions that in view of the Government Order dated 8th June, 1990, ad hoc appointments could have been made only for a limited period and were to come to an end automatically on the last date of the month of February following the date of appointment, if the services had not been terminated earlier. It is on this basis that it has been ordered that the appointment of the petitioners ought to have come to an end in the month of February, 1991 and so payment of salary of the petitioners shall be stopped till instructions are received from the Police Headquarters at Allahabad. A counter affidavit and supplementary counter affidavit have been filed on behalf of the respondents. In the supplementary counter affidavit, the respondents have brought on record the orders dated 5th December, 2007, 28th December, 2007 and 4th January, 2008 which have been issued by the Director General of Police (Training), U.P. Lucknow by which the representations of the petitioners have been allowed and they have been treated to be in continuous service and a further direction has been issued to pay the withheld salary to them. These orders point out that the State Government by the order dated 5th March, 1990 had sanctioned various temporary posts in the Department including the posts of Mason and Cook on which the petitioners have been working and the temporary posts were continued. The petitioners have been working continuously from the date of initial appointment and the Government Order dated 8th June, 1990, on which reliance had been placed in earlier order does not effect the continuance of the petitioners in service. In such circumstances, the earlier order passed by Inspector General of Police, Recruit Training Centre, Chunar, District Mirzapur withholding the salary of the petitioners was set aside and they were directed to be in continuous service and further direction was issued for payment of salary.
(3.) SRI Ashok Khare, learned Senior Counsel appearing for the petitioners states that even after the aforesaid orders dated 5th December, 2007, 28th December, 2007 and 4th January, 2008 were passed by the Director General of Police (Training), U.P. Lucknow, salary for the month of February, 2008 was only released but the arrears of salary or subsequent salary has not been paid.;