KALAPANA AGRAHARI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri S.K.Mishra, learned counsel for the petitioner, learned Standing Counsel appearing on behalf of respondent no.1 and Sri Yashwant Verma, learned counsel appearing on behalf of respondent nos.2 and 3.

(2.) For the purpose of filling up of 14 vacancies in Class III category in Banda Judgeship, a selection process was initiated in pursuant to which the Selection Committee drew up its minutes and the same was accepted by the District Judge in pursuance of which advertisement was issued and examination was held on 27.02.2011. The Selection Committee has been constituted to complete the selection process, get the copies of the examinees examined and get the result declared. The petitioner was selected in Class III cadre in general category of the candidates. An appointment letter was issued on 30.03.2011 by the District Judge, Banda appointing the petitioner on temporary basis. The petitioner was asked to report for joining within fifteen days and further asked to bring medical certificate, issued by Chief Medical Officer, Banda and the original educational certificates. When the petitioner appeared for joining, she has not been allowed to join.

(3.) A letter dated 07.04.2011 was issued by Senior Administrative Officer, Banda to the petitioner stating therein that he has been asked by the District Judge, Banda to inform you that you have been selected in Class III post but since by the order of Hon'ble High Court, one Sri Arun Kumar Singh has been transferred from Etawah Judgeship to Banda Judgeship, one post has been filled by the transfer and the total vacancy has been reduced by one post, therefore, it is not possible to appoint you and in case in future if any vacancy will be available you will be given appointment. According to the petitioner, subsequently five posts of Class III posts fallen vacant due to the reasons mentioned in paragraph no.12 of the writ petition, which is not disputed but in paragraph no.13 of the counter affidavit, it is stated that it relates to the future vacancies which came into existence after the culmination of the selection process. When the vacancy was occurred, the petitioner wrote several letters annexed along with the writ petition claiming her appointment. When the petitioner could not be given appointment, the petitioner filed the present writ petition seeking a direction to the District Judge, Banda permitting the petitioner to join in pursuance of the order dated 30.03.2011 further to count his seniority since 05.04.2011. In paragraph no.4 of the counter affidavit, it is stated that by letter dated 29.03.2011 issued by High Court, a Class III employee of Etawah Judgeship was relieved from Etawah on 31.03.2011 and joined at Banda Judgeship on 01.04.2011.