Heard Sri S.S. Shukla, learned counsel for the petitioners.
Notices on behalf of opposite parties have been accepted by the office of the learned Chief Standing Counsel.
The petitioners have assailed the notice dated 27.12.2018 issued by the Deputy Director, Divyangjan Shashaktikaran Vibhag Ayodhya, Faizabad, whereby the petitioners who were contractual appointee, have been called to submit reply to the show cause notice within a period of one month, failing which, their services would be dispensed with automatically. The aforesaid notice has been given to the petitioners in the light of the Government Order dated 19.07.2018, which is contained as Annexure No.3 to the writ petition.
The submission of learned counsel for the petitioners is that the allegations so levelled in the impugned notice dated 22.09.2018 are perse illegal inasmuch as the sole allegation against the petitioners is that their experience certificates are prior to the date of their qualifications.
Learned counsel for the petitioners has submitted that this fact is patently wrong inasmuch as after acquiring the required qualifications the petitioners have taken experience from the Institution, the certificates of which have also been annexed with the writ petition as Annexure No.9.
Learned counsel for the petitioners has drawn attention of this Court towards the judgment and order dated 20.12.2018, passed in Writ Petition No.25011 of 2018; Kirti Nikhar vs. State of U.P. & others, whereby the identical issue was dealt by this Court at Allahabad and the writ petition was allowed. This Court vide order dated 20.12.2018 was pleased to quash the order dated 19.07.2018, which is a Government Order. Therefore, learned counsel for the petitioners has submitted that when the Government Order dated 19.07.2018 has been quashed by this Court on 20.12.2018 then as to how the show cause notice could have been issued against the petitioners on 27.12.2018, therefore, show cause notice dated 27.12.2018 is unwarranted on the face of it.
The matter requires consideration.
Let the counter affidavit be filed within a period of two weeks. Rejoinder affidavit, if any, may be filed within a period of one week thereafter.
List immediately after expiry of the aforesaid period as fresh.
Till the next date of listing, the operation and implementation of the notice dated 27.12.2018 is stayed. The petitioners shall be permitted to discharge their duties pursuant to their appointment letters.
By filing the counter affidavit, learned counsel for the State-respondents shall file the enquiry report with respect to the case of the petitioners.
Order Date :- 28.1.2019 Suresh/ [Rajesh Singh Chauhan,J.]