1990 (9) TMI 323 - SUPREME COURT

Validity of the Circular G.O. No. D284-Seven Law-Ministry dated 6.2.1990 issued by the Government of State of Uttar Pradesh terminating all the existing appointments w.e.f. 28.2. 1990, questioned

Held that:- The impugned circular dated 6.2.90 is arbitrary. It terminates all the appointments of Government Counsel in the districts of the State of Uttar Pradesh by an omnibus order, even though these appointments were all individual. No common reason applicable to all of them justifying their termination in one stroke on a reasonable ground has been shown. The submission on behalf of the State of Uttar Pradesh at the hearing that many of them were likely to be re-appointed is by itself ample proof of the fact that there was total non-application of mind to the individual cases before issuing the general order terminating all the appointments.

Appeals and writ petitions are allowed. The impugned circular G.O. No. D-284-Seven-Law-ministry dated 6.2. 1990, issued by the Government of State of U.P., is quashed resulting in restoration of status quo ante as on 28.2. 1990, the date from which this circular was made effective.