1. Heard Sri Shailendra Singh Rajawat, learned counsel for the petitioner and the learned State counsel appearing on behalf of the opposite parties.
2. The learned counsel for the petitioner is permitted to implead Chairman Trade Tax Tribunal (now know as Commercial Tax) Lucknow, as opposite party no.3 during the course of the day. The said party has already been represented by the learned State counsel therefore no fresh notices are required to be issued.
3. Initially the writ petition had been filed seeking a direction to the opposite parties to continue the petitioner on the post of Peon in the office of the opposite party no.1. As per the averments in the writ petition, the petitioner had initially been appointed as a Peon with the opposite parties on 02.09.1996 on a fixed/consolidated pay of Rs.1500/- per month. It has been stated that no appointment letter was issued and therefore the petitioners' services were purely temporary in nature. However, vide interim order dated 09.04.1999, this Court had granted interim relief to the petitioner whereunder the respondents were directed to allow the petitioner to work or show cause. In terms of the aforesaid interim order, a counter-affidavit was filed indicating that there was no work and post available with the answering opposite parties due to which the petitioner was not reinstated in service. The learned counsel for the petitioner has drawn attention to the supplementary-affidavit dated 04.07.2018/03.10.2018 in which he has annexed information supplied by the Department under the Right to Information Act, 2005 specifically admitting the fact that 13 Class IV posts were vacant in the Department since the year 1999. The said information dated 22.05.2018 also indicates that since 1999 no regular appointments have been made by the Department in Class IV except for compassionate appointment and as of now a total of 59 Class IV posts are still lying vacant with the Department.
4. In reply to the supplementary affidavit, it has been submitted that initially the petitioner had been appointed on fixed pay for a fixed term in 1996 and thereafter he worked in the Department till 28.02.1999. As such it has been submitted that the petitioner did not have substantive right to continue in service.
5. The learned counsel for the petitioner has submitted that in view of the fact that vacancies on Class IV posts are still continuing with the Department and no regular appointment as such has been made since the year 1999, the opposite parties may consider continuing the petitioner in service on the same terms and conditions.
6. The learned State counsel appearing for the opposite parties has disputed the assertions made by the learned counsel for the petitioner with the submission that the initial appointment of the petitioner being purely temporary in nature for a fixed pay would neither entitle him for continuance in service nor for any substantive service benefits. The learned State counsel has also submitted that in every order granting extension of service to the petitioner, the term of such engagement was also indicated due to which also the petitioner would not get any right in service beyond the term indicated therein.
7. However, in view of the fact that as per the information supplied by the Department itself, a number of vacancies are still available with the Department as on date on Class IV posts and no regular appointment till date has been made as also the fact that in the counter-affidavit, there is no case of the petitioner not having rendered satisfactory service, the petitioner is granted liberty to file a fresh representation to the Chairman Trade Tax Tribunal (now know as Commercial Tax), Lucknow regarding continuance in service till a regular selection is made. In case such a representation is made, the same shall be decided by the authority concerned within a period of four weeks from the date a copy of this order alongwith fresh representation is produced before the said opposite party.
8. In terms of the aforesaid observations, the writ petition stands disposed of.
Order Date :- 31.7.2019 Ashok Gupta