UPSRTC Vs. VIJAY KUMAR GUPTA

JUDGEMENT

(1.) Special leave granted.

(2.) On 20/05/1989, the appellants issued an advertisement inviting applications for appointment against 50 posts of cleaners in the workshop falling in the kanpur region. Applications were received, interviews held and a select list was prepared in the month of November, 1989. The name of the respondent figured as one of the selected candidates.

(3.) Before any letter of appointment could be issued, the State of U. P. imposed a ban on appointment of any person. Pursuant thereto, the respondent filed a writ petition for a direction that he should be appointed against the vacancy which had been advertised. The single judge following an earlier decision of the High Court of judicature at Allahabad in the case of pradeep Kumar Mishra and Others v. U. P. State Road Transport Corporation, lucknow and Others reported in [ (1991) 2 UPLBEC 796], came to the conclusion that the ban which had been imposed had been struck down in pradeep Kumar Mishra's case and, therefore, the respondent had a right to be appointed to the post notwithstanding the ban by the government.