LAWS(ALL)-2001-3-57

SANTOSH KUMAR SONKAR Vs. STATE OF U P

Decided On March 17, 2001
SANTOSH KUMAR SONKAR Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Santosh Kumar Sonkar. Sidhnath Pal and Raj Kishore Singh (petitioners) have filed this petition claiming a writ of mandamus directing the respondents to issue the letter of appointment after initiating process of selection forthwith on the post of Lower Division Clerk and a writ of mandamus directing the respondents to submit a fresh report before this Hon'ble Court in the matter of sanctioned vacancy of 160 post and its mode of filling up amongst daily wages employees by adjusting them in Scheduled Castes/Scheduled Tribes as well as Backwards Class quota including in general quota.

(2.) At the outset, it may be stated that the second relief has lost its efficacy. Contesting respondents have filed counter-affidavit and three supplementary counter-affidavits (the original of IIIrd supplementary counter-affidavit is not on record but the typed copy of it has been supplied by learned counsel for the respondents and it shall be retained on record.

(3.) The facts in brief are that petitioners were engaged on daily wages during 1986 due to the exigency of workload by U. P. Madhyamik Shiksha Parishad (for short called the 'Parishad') for getting 'certificates' prepared. The appointment of the petitioner was primarily by way of stop arrangement in order to clear the backlog. These persons were discontinued in the year 1987.