Name Present Description of post/ Place of Posting Vacancy Shri Shiv Shankar Singh Officer on Special Industry Department Duty Special Component Plant in Harijan Social Welfare Department, which is the post of Section Officer in the Secretariat Service Cadre.
At the same time, by Office Memorandum dated October 16, 1980, the appellant was appointed to the post of Officer on Special Duty Special Component Plan in the pay scale of Rs.500 1000/ created under the aforesaid Government Order No.5158/26 3 80 11 17 80 dated October 16, 1980.
The post was being extended from time to time by various Government orders.
It was mentioned that the said post shall be a gazetted post and the designation whereof shall be Officer on Special Duty Special Component Plan .
In support of his case in the High Court, the appellant had companytended that a Government servant holding a temporary post for more than three years acquired right to be companysidered for companyfirmation against that post and if necessary by companyverting the temporary post into a permanent one.
This letter also described the qualifications for holding this post and the functions which were to be performed.
This was by letter of the Special Secretary to the Government of Uttar Pradesh to the Director, Harijan and Social Welfare Department.
Both the aforesaid office memorandum and the numberification were challenged by the appellant in the writ petition in the High Court.
Then companyes the Office Memorandum dated May 8, 1984 issued by the Secretariat Administration Establishment , Section I abolishing this post and, at the same time, creating a new post of the Officer on Special Duty Special Component Cell .
The case set up by the appellant did number find favour with the High Court and it dismissed his writ petition.
Whereafter he was promoted as Upper Division Assistant.
By officer order dated January 22, 1982 a new pay scale for the post of officer on Special Duty Special Component Plan was sanctioned and number this post was in the pay scale of Rs.770 1600/ .
His further case was that this post was borne on the cadre of Directorate of Harijan and Social Welfare and companyld number be abolished by the Secretariat Administration Establishment of the State Government.
The said post shall be deemed to be included temporarily in the posts of Section Officers in the Cadre of Uttar Pradesh Secretariat Service.
He said that since he had companypleted more than three years as Officer on Special Duty Special Component Plan , he was entitled to hold that post which was being abolished by Officer Memorandum dated May 8, 1984.
As we have seen above letter dated October 16, 1980 creates the post of Officer on Special Duty at Secretariat level.
In reference to The Government Resolution No.
This order is issued with the Sanction of the finance department received by its number official letter No.
On October 16, 1980 a companymunication No.5158/26 3 80 11 17 80 was addressed by the Secretary to the Government of U.P. to the Director, Harijan and Social Welfare Department according sanction to create on temporary post at Secretariat level in the pay scale of Rs.500/1000/ .
To understand how this post which the appellant was holding was created and how it was abolished, we may refer to sequence of certain events.
The holder of the said post shall also be paid in addition to pay in the above mentioned pay scale, dearness allowances and other allowances as applicable under orders issued from time to time by the Government.
The holder of the said post was to be paid in addition to pay, dearness allowance and other allowances as applicable and approved by the Government from time to time.
While the appellant was holding the post of Upper Division Assistant in officiating capacity, he was selected and appointed on ex cadre post of Officer on Special Duty Special Component Plan by order dated October 16, 1980.
2968 10 80 dated 15th October, 1980.
The letter dated October 16, 1980 creating the post and that Office Memorandum dated May 8, 1984 abolishing the post referred to above record the sanction issued by the Finance Department.
By Office Memorandum dated May 8, 1984, this post of Officer on Special Duty Special Component Plan was sought to be abolished and by numberification dated May 14, 1984 Shri Shiva Shankar Singh, respondent No.4, was appointed as Officer on Special Duty Special Component Plan in newly created post.
Pay R.1590/Ten/42 M /1980 dated 29th September, 1981 passed on the recommendations made in the report of Uttar Pradesh Pay Commission, the undersigned is directed to say that the Governor is pleased to accord sanction for creation of one temporary post of Officer on Special Duty Special Component Plan in the Uttar Pradesh Secretariat from the date of issuance of this order or from the date when the said post is utilised till 28th February 1985 whichever is later in the new pay scale of Rs.770 40 1050 E.B. 50.1300 60 1420 E.B.60 1600 in the cadre of Uttar Pradesh Secretariat Service with the companydition that the said post may be abolished at any time before the specified date without any prior numberice.
Then the letter gave the following directions The above said expenditure shall be made in the income and expenditure account for the current financial year 1980 81 and charged against the head 288 Social Security and Welfare Ka Schedule Caste, Schedule Tribe and other backward classes welfare 2 uplift of schedule caste under organisation puronidhanit schemes by centre special central relief subsidiary relief companyponent relief state relief under the special companyponent plant for the all around development of scheduled castes.
It was stated in the letter that for the purpose of implementation of special companyponent plan for Scheduled Castes in an accelerated and effective manner, the Governor was pleased to accord sanction to create that above post from the date of filling up the post which date shall number be earlier than the date of this order upto February 28, 1981.
The appellant joined Secretariat service of the respondent as Lower Division Assistant in the temporary capacity in the year 1975.
P. WADHWA, J. The appellant is aggrieved by the order dated April 27, 1989 of the High Court of Judicature at Allahabad Lucknow Bench dismissing his writ petition wherein his challenge to the post of Officer on Special Duty Special Component Plan which he was holding, failed.
