STATE OF U.P Vs. CHUNNI LAL

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 16.07.2014 passed by the High Court of Judicature at Allahabad (Lucknow Bench) in Writ Petition No.1181(S/B) of 1996, the State of U.P. has preferred the present appeal.

(2.) The selection process for 35 posts of Deputy Collector was initiated by the U.P. Public Service Commission. A Combined State Service Examination was held in the year 1985. In the year 1987, the Public Service Commission sent the requisition for appointment of selected candidates on the post of Deputy Collector. Two candidates namely, Shri Ram Subhag Singh (General Category candidate) and Shri Ramesh Kumar Yadav (OBC category candidate) did not join their post. Therefore, two posts of Deputy Collectors remained vacant. The Public Service Commission sent the names of two other candidates namely Shri Digvijay Singh and Chunni Lal (original writ petitioners) for the appointment on the post of Deputy Collector. On the basis of the aforesaid recommendation by the Commission, the State Government issued letter on 24.04.1989 to the Director General, Medical and Health Services, Lucknow for medical examination of the aforesaid two persons. In the meanwhile, private respondent herein Ajay Shankar Pandey approached the High Court by filing Writ Petition No.22966 of 1988. The Division Bench of the High Court vide judgment and order dated 09.05.1989 allowed the said writ petition and directed the Public Service Commission to recommend the name of the private respondent herein - Ajay Shankar Pandey.

(3.) That by order dated 30.10.2014, the impugned judgment and order passed by the High Court has been stayed, which has been continued till date. Meaning thereby, the respondent No.1 herein - original writ petitioner is not appointed to the post of Deputy Collector pursuant to the impugned judgment and order passed by the High Court.