LAL PRATAP SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This special appeal has been preferred by 28 persons against the judgment and order dated 21.2.2000 of a learned single Judge in Civil Misc. Writ Petition No. 1955. of 1999. The appellants were not party to the writ petition and consequently, they have preferred this appeal with the leave of the Court, which was granted on 2.3.2000.

(2.) Ashok Kumar Yadav and 5 others filed Writ Petition No. 1995 of 1999 against (1) State of U. P. and (2) U. P. Public Service Commission, praying that a writ of mandamus be issued commanding the respondents to issue appointment letters to the petitioners for the post of Junior Engineer (Civil) in the Municipal Corporations (Centralised Services). U. P. and to accord all other consequential benefits. The case setup by the writ petitioners was that an advertisement was published on 19/25 September. 1992. inviting applications for 153 posts of Junior Engineer (Civil), for Municipal Corporations in the State. The petitioners made applications for the said post and after interview, the result was declared on 4.6.1997 in which their names were shown at serial Nos. 6. 26. 38. 51. 86 and 89. respectively in the merit list. They were issued letters to appear before Chief Medical Officer for medical examination, which was done by them. However, inspite of waiting for a long period, no appointment order was issued in their favour. A counter-affidavit on behalf of the State was filed by Under Secretary. Nagar Vikas, Government of U. P.. wherein, it was stated that in the year 1991, 153 posts of Junior Engineers were lying vacant for which requisition was sent to the Commission and the process for selection was started. There were many ad hoc/dally wage Junior Engineers, who were working in stopgap arrangement in the local bodies since before 1991. who filed writ petitions both at Allahabad and at Lucknow Bench, wherein, stay orders were granted directing that no appointment shall be made in pursuance of advertisement issued in September. 1992, in view of the said orders, the State Government vide order dated 29.10.1996 wrote a letter to the Commission not to proceed with the selection in pursuance of advertisement published in Employment News between 19th and 28th September. 1992. However. inspite of the request of the State Government. the Commission proceeded with the selection and declared a select list. On account of non-availabilty of vacant posts as a result of stay orders passed by the High Court in the writ petitions filed by ad hoc/dally wage Junior Engineers, the State Government was not in a position to appoint the candidates selected by the Commission and. therefore, no appointment orders were issued in their favour. In paragraphs 4 and 6. It has been averred that the State Government had already withdrawn the requisition from the Commission vide letter dated 29.10.1996.

(3.) The learned single Judge after noticing the contention of the writ petitioners that they have been selected by the Commission and consequently those working on daily wage basis could not be allowed to continue in service allowed the petition and the relevant part of the order reads as follows :