RAJESH SHARMA Vs. ADVOCATE GENERAL UTTAR PRADESH

JUDGEMENT

(1.) BY this writ petition the petitioner has challenged the select list dated 3 -12 -1998, in so far as the respondents 2 and 3 are concerned, and has prayed for a direction in the nature of writ of mandamus directing the respondents to include the name of the petitioner in the select list of Routine Grade Clerk/Typist dated 3 -12 -1998.

(2.) THE employment on the post of Routine Grade Clerk/Typist in the State Law Office of the High Court at Allahabad under the Advocate General has been the subject -matter of controversy for a long time. In Writ Petition No. 42506 of 1993 between Shiv Pratap Yadav and others and State of U.P. and another decided on 8 -8 -1995, challenging the continuance of daily wage employees in the office of Advocate General of State, and to direct the respondents to make appointment on these posts after considering the facts to make appointment on these posts after considering the facts and circumstances of the case of the daily wage employees ; direction were issued, that after receiving the approval to the proposals for increasing the strength of the ministerial staff, permanents appointment would be made, only after the advertisement so that there is no scope of any violation of Article 16 of the Constitution of India. The Court did not find it expedient to disturb the arrangement made by the Advocate General in view of the pressure of work but at the same time recognised the rights of all those who were to be considered for appointment. The Court permitted the daily wagers to apply in pursuance of any further advertisement which may be made for recruitment.

(3.) FROM the orders made in the aforesaid two writ petitions, and the statement given by the respondents on the basis of which the aforesaid petitions were decided and directions were issued, it is apparent that the Court did not accept the rights of the existing daily wagers to be regularised on the post of Routine Grade Clerk/Typist, and that appointments were to be made only by direct recruitment, after due advertisement giving opportunity to all concerned.