Sunil Ambwani, J. - (1.) 1. Heard Shri S.P. Pandey, learned counsel for the petitioners. Learned Standing Counsel appears for the respondents. With the consent of parties the writ petition was heard.
(2.) ALL the four petitioners had worked in census operations in the year 2000 for a short period of six months. Their appointment letters dated 14.7.2000 provided that their services were purely adhoc and temporary and could be terminated at any time. The petitioners had earlier filed a Writ Petition No. 22228 of 2001 which was disposed of on 12.6.2001 with directions to respondents to consider their representations for their re-engagement. It is contended that the District Magistrate decided and rejected the representations on the ground that there was no vacancies on Class III post and that there was a ban on appointment of Class IV posts. By this writ petition, the petitioners have challenged the advertisement dated 16.7.2008, by which the District Magistrate, Saharanpur has advertised four vacancies of Junior Clerk, one vacancy of Stenographer, two vacancies of driver, one vacancy of Chawkidar and three vacancies of Peon for appointments in the newly created Tehsil Rampur Maniharin in the District by Government Order dated 2.5.2008, and have prayed for their absorption.
(3.) LEARNED counsel for the petitioners has relied upon the orders passed by the District Magistrate, J.P. Nagar by which some absorptions of census employees were allowed and that they were appointed as Assistant Wasil Waki Navis, a, ministerial post in the Collectorate. The question, whether the employees engaged in census on adhoc or temporary basis and had worked for few months can be absorbed in Government service, had engaged attention of this Court and Supreme Court. In Union of India v. Dinesh Kumar Saxena, AIR 1995 SC 1565, the Supreme Court held that the census employees of 1981/1992, do not have any rights flowing from their engagement, on contract basis for a fixed duration, on a fixed pay to be absorbed in any other department. At best they can be considered for regular appointment in the Directorate of Census Operations, U.P., if there are any vacancies and they are eligible by relaxation of age.;