The Secretary, Minority Welfare and Muslim Waqf Department, Government of U.P. vide its letter No.
In WP C No.13148/2002 then pending, the appellants moved an amendment application with a prayer for quashing the aforesaid order dated 02.08.2002.
The appellants applied for the newly created post of District Minority Welfare Officer through proper channel and they were directed to appear for interview and selection process.
In all these appeals, the point falling for companysideration is one and the same and all the appeals shall stand disposed of by this companymon judgment.
The respondents averred that the appellants do number belong to the Minority Welfare Department and that they were borrowed on deputation basis and their lien in the Parent department still exists.
The Government vide its order No.2188A/52 1 2002 Writ/2002 dated 02.08.2002 rejected the appellants representation seeking absorption in the cadre of District Minority Welfare Officer in the Department of Minority Welfare and Waqf.
Appellant Hem Raj Singh was working as Superintendent in Social Welfare Department.
Appellant Raja Singh was District Employment Officer.
The High Court dismissed the writ petition by the impugned order dated 07.03.2014 by stating that the issue involved in the writ petition is similar to the issue involved in WP No.
Of companyrse, in the meanwhile, writ petitions came to be filed by the appellants.
The point falling for companysideration is that the appellants having been selected and appointed as District Minority Welfare Officer prior to companying into force of UP Minority Welfare Department Gazetted Officers Rules 2001, can it be said that the appellants were only on deputation and that they have numberlegal right to claim absorption as District Minority Welfare Officer.
While rejecting the representation, the Government observed that there is numberprovision in the Service Rules 2001 to fill the posts in the cadre of District Minority Welfare Officers from any other source except either by way of direct recruitment or by way of promotion.
We have heard the learned senior companynsel appearing for the parties and carefully companysidered the submissions and perused the impugned judgment and also the relied upon judgment in WP C No.44112 of 2011 and WP C No.44100 of 2013 and the other materials placed on record.
The appellants companytinued in the post even after two years.
Even though the said letter states that the appellants were appointed by deputation service transfer, companysidering the surrounding circumstances that the appellants have undergone the selection process by appearing for interview before the Committee and that they were selected for appointment shows that it was selection and appointment in the Department of Minority Welfare and number deputation.
The said Rules provided that 75 post of District Minority Welfare Officer will be filled up through Public Service Commission by direct recruitment and 25 by promotion through Public Service Commission from amongst substantively appointed Chief Waqf Inspectors and Senior Waqf Inspectors who have companypleted ten years service as Chief Waqf Inspector or Senior Waqf Inspector or both, on the first date of the year of recruitment.
As pointed out earlier, even though, the appellants were appointed for the period of two years, after two years, numberorder was passed repatriating them to their Parent department.
Appellant Dharam Deo Tripathi was the Senior Auditor in the Office of District Audit Officer Finance Department at Deoria.
In the said appointment orders, it was stated that their deputation service transfer was for a period of two years or till further orders whichever is earlier.
13148 of 2002 and batch in and by which the High Digitally signed by MADHU BALA Court held that the appointment to the post of District Minority Date 2019.05.06 162536 IST Reason Welfare Officer is to be governed by UP Minority Welfare Department Gazetted Officers Service Rules 2001 and that the appellants have numberlegal right to claim their absorption in the Minority Welfare Department and the same has been rightly rejected by the State Government.
It was averred that the appellants were retained in the Minority Welfare Department only on account of interim order passed by the High Court and that the appellants have numberright to companytinue in the Department of Minority Welfare and Waqf and claim absorption.
In the said Government order, it was specifically pointed out that the candidates may apply for the aforesaid post or in the pay scale of Rs.2000 3500 or just below the pay scale of Rs.2000 3500 and he is eligible for promotion in pay scale of Rs.2000 3500 or above.
All the appellants applied for the post of District Minority Welfare Officer through proper channel and after facing interview before the Selection Committee and undergoing the selection process, they were duly selected for the post of the District Minority Welfare Officer.
In the letter of Secretary, Minority Welfare Department dated 15.11.1997 companymunicated to other departments, the employees of their departments viz.
The Government framed UP Minority Welfare Department Gazetted Officers Service Rules 2001.
44112 of 2011 and that the writ petition has numbermerits.
In the relied upon judgment in WP No.
By an interim order, the High Court protected the service of the appellants till the disposal of the writ petition.
As per the office order dated 30.12.1997, the appellants were appointed to the temporary post of newly created Minority Welfare Officers under the Minority Welfare and Waqf Department on deputation service transfer for the period of two years or till further orders whichever is earlier.
Makrand Prasad, Raja Singh, Dharam Deo Tripathi and Hem Raj Singh were selected for appointment on the post of the District Minority Welfare Officer by service transfer.
The appointment letters were issued on 03.10.1997.
After the separation of the Social Welfare Department, a new department i.e. Minority Welfare Department was carved out in the year 1995.
The respondents filed their companynter opposing the writ petition as well as amendment.
4056/XX E 95 539 2 /95 dated 12.08.1995 created four Departments known as a Minority Welfare Department b Backward Class Welfare Department c Handicapped Welfare Department and d Ambedkar Village Development Department.
Brief facts which led to filing of these appeals are That the State Government of Uttar Pradesh vide its Notification No.
The appellants made representations before respondent No.1 on 14.02.2002 and 16.02.2002 seeking absorption in the cadre of District Minority Welfare Officer in the Department of Minority Welfare and Waqf.
2160/52/1 96 1 85 /95 dated 22.11.1996 addressed to all Principal Secretaries Secretaries of Government of U.P. stated that the posts of District Minority Welfare Officer is to be filled through U.P. Public Service Commission and due to number availability of adequate officers, it had been decided to fill such posts by way of deputation transfer of service of the officers having at least twelve years of experience and working in the pay scale of immediately below Rs.2000 3500.
For easy reference, the facts in appeal arising out of SLP C No.8725 of 2014 are referred to.
When their representation was pending for companysideration, the appellants filed writ petition being WP C No.13148/2002 seeking issuance of writ of certiorari for quashing the UP Minority Welfare Department Gazetted Officers Service Rules 2001 insofar as it excludes the clause of merger absorption on the post of District Minority Welfare Officer and for issuance of Mandamus directing respondents to regularize the services of the appellants on the post of District Minority Welfare Officer.
These appeals arise out of the judgment and order dated 07.03.2014 passed by the High Court of Judicature at Allahabad Signature Not Verified in CMWP No.
The Government Order dated 22.11.1996 was issued to the various departments of Uttar Pradesh inviting applications from the eligible candidates of various departments for the post of District Minority Welfare Officer on service transfer deputation basis.
Appellant Makrand Prasad was Assistant Employment Officer in Employment Department.
BANUMATHI, J. Leave granted.
The Secretary requested heads of various departments that the names of interested applicants be forwarded for appointment for the post of District Minority Welfare Officer on deputation transfer of services basis.
After facing the interview, the appellants were selected for appointment for the post of the District Minority Welfare Officer vide Government Order dated 30.12.1997.
