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TMI Blog1996 (12) TMI 421X X X X Extracts X X X X X X X X Extracts X X X X ..... rder to favour and protect those ad hoc promotees who are alleged to be relations and favourites of Ministers, Members of Legislative Assemblies and Secretaries to the Government. The wrong committed is not only required to be set at naught, but the Government also deserves to be criticised for acting in that manner. 3. Even though U.P. Palika (Centralised) Service Rules (for short the Rules) were framed in 1966 for recruitment to the various posts mentioned therein and even though under Rule 20 the posts of Sahayak Nagar Adhikaris had to be filled up in equal numbers by promotion and direct recruitment, the Government went on making ad hoc appointments to those posts for ten years. Even when the process of recruitment for the said posts h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntly and substantively served in the capacity of Sahayak Nagar Adhikaris for six years will be eligible for promotion to the posts of UP Nagar Adhikaris and that only those officers who had permanently served on the posts of UP Nagar Adhikaris would be eligible for selection grade for those posts provided they have completed 15 years of service as UP Nagar Adhikari/Sahayak Nagar Adhikari and five years' service as UP Nagar Adhikari. Thereafter, on 30.8.84, the Government inserted Rule 21A in the Rules for regularising the services of ad hoc employees. Again, on 20.11.84, the Government amended its earlier order dated 23.5.84 and provided that only those officers who have permanently or substantively served as UP Nagar Adhikaris will be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 39776 of 1993 in the Allahabad High Court. During the pendency of the petition the Government published a seniority list showing the appellants as seniors to the respondents. The High Court, therefore, held that in view of that seniority list the list between the parties did not survive. As regards their specific grievance that in spite of showing them as seniors in the seniority lists they are not given selection grade, the High Court observed that for getting that relief the appellants should move the authorities concerned. So without considering the propriety and legality of the order dated 13.10.93 which was challenged in the petition, the High Court disposed of the petition with that observation. The appellants have, therefore, filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Government could not have-treated the respondents and other ad hoc employees whose services were regularised on 17.5.85 as persons regularly appointed from an earlier date. Nor could the Government have counted seniority from an earlier date either for promotion to the higher post or for the purpose of giving selection grade. 8. In spite of this clear position, the Government by its letter dated March 23, 1993 informed the Director of Local Bodies, U.P., Lucknow that the Government, in exercise of powers under Rule 40(2) of the Rules, has passed an order to the effect that the date of confirmation of the employees working in the U.P. Palika (Central) Service since before the year 1977 and who have not been selected through PSC and who h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 17.5.85 as senior to the direct recruits who were appointed before that date. We also quash and set aside the order passed by the Government under Rule 40(2) of the Rules whereby the employees appointed on ad hoc basis and working continuously have been made permanent on those posts with effect from 2 years after the date of jointing on those posts. The Government is directed to consider the seniority of the appellants and respondents as stated above and further consider the case of the appellants for selection grade accordingly and also in accordance with the Government order dated July 29, 1986. The Government shall grant them the said benefit immediately if they are found to be eligible for the same. The Government shall complete the w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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