Ref:- Civil Misc. Delay Condonation Application No. 1 of 2018 Heard learned counsel for the appellants and the learned Standing Counsel for the respondents.
The cause for the delay has been sufficiently explained, and keeping in view the status of the employment and his financial position, we find it expedient and in the interest of justice to condone the delay as it has been sufficiently explained.
The delay condonation application is allowed. The appeal shall be treated to be within time and the office shall give a regular number to the same.
Order Date :- 18.9.2018 M. ARIF .
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The appellants came up before this Court in the writ petition giving rise to this appeal praying for a certiorari to quash the order dated 01st of July, 2000 whereby their services as Safai Karamchari in the Nagar Palika Parisad, Bulandshahar was dispensed with under the orders of the Executive Officer.
The contention in short is that the appellants had been appointed under a Resolution of the Board of the Nagar Palika Parishad which is a statutory municipal body whereby it was resolved to extend the benefit of employment to the dependents and heirs of such employees who resigned from the service of the Nagar Palika Parishad. The contention therefore was that such a resolution authorized and conferred a right on the appellants to claim such appointment.
We are afraid that such nature of resolutions which confer such rights cannot be sustained on the anvil of Article 14 and 16 of the Constitution of India, inasmuch as, there cannot be a right of succession to service except in the cases of compassionate appointment, that too even on rules being framed and being approved by the State Government in the case of Nagar Palikas where financial implications are involved.
In the aforesaid circumstances, we are unable to appreciate the argument on behalf of the appellants that they had a right of such appointment under the aforesaid resolution.
Learned counsel then contends that such employees who had been continuing for long, the State Government has come with Government orders and also with certain rules under which such employment can be regularized.
We are not called upon to adjudicate this controversy, inasmuch as, the writ petition was confined only to the order of the dispensation of the services of the appellants.
benefit, in case so available under any rules for the time being in force, if legally permissible. The dismissal of this appeal or the writ petition would not be an impediment to the same.
Consigned to records.
Order Date :- 18.9.2018 M. ARIF