STATE OF U P Vs. NEERAJ AWASTHI

JUDGEMENT

(1.) The jurisdiction of the high Court to issue a direction for framing a scheme for regularisation of the employees of the U. P. State Agricultural Produce Market board (for short "the Board") is in question in this batch of appeals which arise out of judgments and orders passed by the High Court of Judicature at Allahabad in the writ petitions filed by the private respondents either dismissing or allowing the same.

(2.) The legislature of the State of Uttar pradesh enacted The Uttar Pradesh Krishi utpadan Mandi Adhiniyam, 1964 (for short "the Act"). The Board has been established under Section 26-A of the Act. Section 26-B provides for the constitution of the Board. In exercise of its power conferred upon it by section 25-A and 26-X of the Act, regulations have also been framed by the Board laying down the terms and conditions of the service of the employees of the Market Committees known as the Uttar Pradesh Agricultural Produce market Committees (Centralised) Services regulations, 1984 (for short "services Regulations"). Similar regulations have also been framed by the Board in respect of its own employees being the Uttar Pradesh Agricultural produce Markets Board (Officers and Staff Establishment) regulations, 1984 (for short "establishment Regulations").

(3.) In the State of Uttar Pradesh, there are 244 Market Committees 3395 posts were sanctioned but indisputably 5600 appointments have been made. We are herein concerned with the orders of appointments and orders of terminations issued in respect of about 1021 employees who were appointed between the period 1.4.1996 and 30. 10. 1997. A resolution was passed by the Board on or about 30th september, 1996 proposing regularisation of the services of those employees who have completed one thousand days of service. The Board had also its construction divisions. The said proposal was, however, confined to the employees working in the construction divisions against contingency funds. Approval having been sought for from the State Government in relation to framing of appropriate rules, in this behalf, informations were sought for from various departments including Mandi Parishad in regard to the appointments made in past six months by a letter dated 20th November, 1997. Relevant informations were furnished by the director of the Mandi Parishad whereafter the state sought for further informations and details regarding the appointments made in the Mandi parishad and Mandi Samities by a letter dated 17.3.1998. Such informations were sought for by the State again by a letter dated 18.5.1998. On or about 12.2.1999, an order was issued by the State directing that services of all such employees who had been irregularly appointed during the period 1.4.1996 to 30. 10. 1997 be cancelled on last-come-first-go-basis stating:" 1. The irregular appointment made in the Mandi Parishad and Mandi Samities during the period w. e. f. 1.4.96 to 30. 10. 97 should be cancelled immediately. The following course should be adopted to terminate such appointments: (a) There is no legal impediment in terminating the service of the employee concerned after cancelling the appointments which have been made without any created/sanctioned post but the reason therefor shall have to be recorded in the order. (b) There is no legal impediment in terminating the service after cancelling the appointments of such persons as did not have educational qualifications prescribed for the post concerned but the reason therefor should be recorded in the order. (c) The termination of service of such persons, as have been appointed in relation to some post and also have educational qualification prescribed for that post, should be made in accordance with the procedure mentioned in their appointment order. In case, no procedure is mentioned in the appointments order, their service should be terminated after giving either notice or pay in lieu thereof. (2) In this regard I have to inform this thing also that after making intensive examination in respect of irregular appointments made in the Mandi Parishad and Mandi Samities before 1.4.96, kindly furnish clear report alongwith detailed statement by 20. 2.99. (3) Kindly make available in each case by 18.2.99 your proposal with clear recommendation to the Govt. for action against the officers responsible for the said irregular appointments. "further directions were issued on 17.3.1999 in the following terms:"in regard to the appointed subject and semi Govt. Letter No. Dire-Camp/99- 468 dt. 8.3.99, I have been directed to say that keeping in view, the decision taken by Govt. in regard to irregular appointments made on the post of various categories in (J. P. State Agricultural production Marketing Board, there has been no requirement of prescribed procedure rules. In such circumstances, the proposal sent to Govt. vide letter 1418/ camp dt. 18.10. 96 of Marketing Board office is rejected by the Govt. after due consideration. "