SACHIN KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri D.K. Singh learned Counsel for the petitioners and Sri K.R. Sirohi learned Special Counsel for District Judge, Baghpat and Registrar General, High Court, Allahabad, impleaded as respondent Nos. 2 and 3.

(2.) IN Writ Petition No. 24665 of 2003 the petitioners appointed as Class -IV employees in the Judgeship at Baghpat, have sought for quashing the identical orders dated 2 -5 -2003 (Annexures 4, 5 and 6 of the writ petition) by which they have been informed by the Incharge District Judge, Baghpat, that the High Court of Judicature in its order dated 2 -5 -2003 has not found them to be entitled to any post and for payment of salary. They have further prayed for a direction to the respondents not to interfere in their peaceful working as Chowkidars under the Judgeship at District Baghpat and to pay them salary month by month.

(3.) THE facts as set out in the writ petition are that an advertisement was displayed by the District Judge, Baghpat on the notice board for filling up the vacancies of Class -IV employees in the judgeship. The petitioners applied, appeared and participated in the selection proceedings and were selected for appointment on the post of Class -IV employees in accordance with U.P. Subordinate Civil Courts Inferior Establishment Rules, 1955 (In short the Rules of 1955). The appointment letters were issued to the petitioners 1 and 2 on 16 -4 -2003, and to petitioner No. 3 on 28 -4 -2003, and the petitioners were allowed to join. The petitioner in writ petition No. 24298 of 2003, was working as an ad hoc employee since 5 -2 -2003, on a fixed salary of Rs. 780/ - per month. He also applied and appeared in the selections, advertised on the notice board, and was appointed as Chowkidar in the regular pay scale on 1 -5 -2003, started working. By the impugned order dated 2 -5 -2003, the services of all the petitioners were dispensed with.