Court No. - 22 Case :- SERVICE SINGLE No. - 3081 of 2010 Petitioner :- Santosh Kumar Gupta Respondent :- State Of U.P.Through Its Principal Secy.Rural Devp.Lucknow Petitioner Counsel :- Himanshu Raghave Respondent Counsel :- C.S.C. Hon'ble Satyendra Singh Chauhan,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
The claim of the petitioner is based on the ground that in the adjoining block
the renewal of appointment has taken place in respect of various persons
beyond the period of three years and therefore, appointment of the petitioner
should also be renewed. It is also submitted that as an outcome of malice
prevailing with the opposite parties, the aforesaid action has been taken as the
petitioner has proceeded to make a complaint in regard to the illegalities and
malfunctioning of the opposite parties which has led to an altercation between
the petitioner and the opposite parties and the petitioner has been made the
victim of the aforesaid situation.
Learned Standing Counsel on the basis of instructions states that the
Government Order dated 23.11.2007 which authorized the authorities to make
appointment on contractual basis for a year could only be extended for a
maximum period of three years and beyond that no extension can take place.
He very fairly makes a statement that various officers have illegally extended
the appointment beyond a period of three years, then the said illegal action
will not confer any right in favour of the petitioner.
I have heard learned counsel for the parties and I find that the outer limit has
been provided in the Government Order, therefore, the services of the
petitioner have been discontinued after completion of three years. No
illegality can be appended to the same. If any extension has taken place
beyond the period of three years in respect of any of the persons, the
Government is directed to take strict action against those officers, who have
extended the appointment beyond a period of three years against the
provisions of the Government Order. It is also provided that services of all
Gram Rojgar Sewaks, who have completed three years of service, should be
discontinued in accordance with the Government Order.
So far challenge to the vires of the Government Order is concerned, learned
Standing Counsel may file counter affidavit within two weeks and the vires of
the Government Order would be considered after receipt of the counter
affidavit.
List after two weeks.
Order Date :- 26.7.2010
RBS/-