Rajnish Kumar Mishra vs The State Of Uttar Pradesh Through ...

4. The facts, in brief, giving rise to the present appeals are as under.

5. On creation of the Ambedkar Nagar Judgeship, the appellants were appointed on ad­hoc basis. The appellants were appointed in the year 1999­2001. The initial appointment of the appellants was made for a period of three months, which term was extended from time to time.

7. It appears from the record that subsequently the said selection process came to be cancelled and the appellants were continued in the employment on the ad hoc basis as per the interim order passed on 01.08.2006. It further appears, that in the mean­time the appellants, since they were continued for a long period, made representations to the District Judge, Ambedkar Nagar for their regularisation. The District Judge by an order dated 28.5.2012 constituted a Committee under the chairmanship of an Additional District Judge, comprising of two other members who were also Judicial Officers. The said Committee submitted its report on 12.07.2012, recommending regularization of the appellants. Pursuant to the said recommendation made by the Committee, the District Judge passed orders regularising the services of the appellants on 09.11.2012. However, the successor in the office of the District Judge passed an order dated 16.08.2014 thereby, declaring that the orders of regularization were non­est. By a second order passed on 4 the same day i.e. 16.08.2014, the District Judge also withdrew the earlier order by which, the appellants were granted the benefits of increments with certain other benefits. The District Judge passed a third order on 16.08.2014 thereby, directing recovery of emoluments paid to the appellants. It is further to be noted that after the writ petitions were dismissed by the learned single judge of the High Court on 14.9.2017, the appellants’ services came to be terminated immediately on 23.9.2017.

9. Being aggrieved thereby, the appellants preferred appeals before the Division Bench of the High Court. The Division Bench while dismissing the appeals, however, set aside the order insofar as saddling the costs is concerned. The Division Bench further directed, that since one Manish Kumar Malviya, who was also one of the appellants before 5 the Division Bench of the High Court, was appointed on 06.04.1998, he was eligible to be considered for regularization in terms of the Uttar Pradesh Regularization of Ad­hoc Appointment (On Post within the purview of the Public Service Commission) Rules, 1979 as amended in the year 2001. It was further directed, that till the outcome of consideration of his case for regularization he should be continued on ad­hoc basis. The Division Bench further directed that in case any recruitment process for Class III posts takes place in future, the appellants would be permitted to participate in the same and the Court would consider grant of relaxation in age and grant of preference to them by giving some benefit of length of service rendered by them in ad­hoc capacity. Being aggrieved thereby, the appellants have approached this Court.

18. As such, apart from the circular issued by the Registrar General of the High Court dated 05.11.2009, the appellants’ cases were also required to be taken into consideration in view of the exception carved out in the case of Umadevi (supra). We find that the Committee under the chairmanship of the Additional District Judge had rightly submitted its report dated 12.07.2012 and the then District Judge had rightly passed the order of regularization on 09.11.2012 granting regularization from 01.06.2012. We find, that while considering the representation of some of the employees for promotion, the successor in the office of the District Judge could not have annulled the order of the regularization of the appellants which was done after following the proper procedure. The least that was required to be done was to follow the principles of natural justice by giving an opportunity of being heard to the appellants. We find, that the three orders passed by the District Judge dated 16.08.2014 also suffer from violation of the principles of natural justice.

20. In the result:

(4) the order dated 9.11.2012 passed by the District Judge, Ambedkar Nagar regularizing 14 the services of appellants with effect from 01.06.2012 is upheld.

(5) Consequentially, the termination of the appellants from their services is quashed and set aside and the appellants are directed to be reinstated forthwith with continuity in service for all the purposes including terminal benefits. However, in the facts and circumstance of the case, the appellants would not be entitled for back wages for the period during which they are out of employment.

21. In the facts and circumstances, there shall be no order as to cost. All pending applications shall stand disposed of.

…………...................CJI.

DECEMBER 13, 2019