Om Prakash Srivastava vs The District Judge Mirzapur And ...
2012 Latest Caselaw 4066 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- WRIT - A No. - 18579 of 1997
 

 
Petitioner :- Om Prakash Srivastava
 
Respondent :- The District Judge Mirzapur And Another
 
Petitioner Counsel :- Sudhir Agarwal,A.R.Dube,P.N. Tripathi
 
Respondent Counsel :- C.S.C.,K.R.Sirohi,Pradeep Kumar,S.H.Singh,S.M.A. Kazmi,Satyendra Pratap Singh,Yashwamt Varma
 

 
Hon'ble Rajes Kumar,J.

The contention of the petitioner is that in an examination held in the year 1993 for the appointment of Stenographer, in the list, the petitioner was stood at serial no. 7. The persons, who were selected, were placed at serial nos. 1, 2, 3 and 4, have been appointed. Mohd. Aslam was at serial no. 5. One post of the Stenographer, in senior scale, has been created on 18.1.1995. One Sri Gurudayal Satsangi was promoted on the said post in the year 1997. On account of promotion of Sri Gurudayal Satsangi, one post fallen vacant and on the said post Mohd. Aslam, who was at serial no. 5 of the select list, has been given appointment by appointment letter dated 30.9.1997.

It appears that further post had fallen vacant on 30.6.1997, the petitioner claimed his appointment on the said post but his claim has been rejected by the District Judge, Mirzapur vide order dated 5.6.1997 on the ground that the life of the select list dated 18.7.1993 was for three years only i.e. only upto 17.7.1996 and the vacancy had occurred on 3.6.1997, therefore, the claim of the petitioner for appointment has not been considered.

The submission of the petitioner is that when against the same select list dated 18.7.1993, one Mohd. Aslam was appointed on 30.11.1997 on account of the vacancy created in the year 1997 on account of promotion of Sri Gurudayal Satsangi why the petitioner could not be appointed against the same vacancy occurred on 3.6.1997. Further when the select list lapsed after three years how the appointment of Mohd. Aslam was made in the year 1997 after the expiry of three years.

Let the District Judge, Mirzapur may explain this position and Mohd. Aslam be impleaded as respondent no. 3. Issue notice to respondent no. 3. The petitioner may take steps to serve the respondent no. 3 by registered post.

The District Judge, Mirzapur is directed to file affidavit and explain this position within two weeks.

List on 26.9.2012

Order Date :- 10.9.2012

OP