UMESH CHANDRA SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) ALL the aforesaid writ petitions are connected to each other. The submissions are also the same; hence they are being decided together.

(2.) WRIT Petition No. 46612 of 2008 has been filed by Umesh Chandra Srivastava for a direction in the nature of certiorari quashing the seniority-list, published by the District Judge, Kanpur Nagar, on 28.8.2008, along with other reliefs.

(3.) BRIEF facts of all the writ petitions are that in the year 1973 selection proceedings were conducted for recruitment of the ministerial employees in the lowest category in the District Judgeship of Kanpur Nagar and Umesh Chandra Srivastava, Anant Kumar Shukla and Suresh Chandra Awasthi and others were the applicants. The select list was published after the finalisation of the selection proceedings in which a total of 30 candidates stood selected for appointment, including the petitioners, namely, Umesh Chandra Srivastava and Anant Kumar Shukla. In this select list Suresh Chandra Awasthi was placed at serial no. 4 while Umesh Chandra Srivastava and Anant Kumar Shukla were placed at serial nos. 10 and 20, respectively. In pursuance of the aforesaid select list dated 23.04.1973 all were granted initial appointment as copyist and they all, along with the other candidates, joined as copyist. Immediately after the selection and appointment as copyist, Suresh Chandra Awasthi was deputed to work as fast typist in the court of JSCC, Kanpur Nagar by the order of the District Judge, Kanpur Nagar dated 15.05.1973 After that Suresh Chandra Awasthi moved an application before the District Judge, Kanpur that he be sanctioned the pay-scale of stenographer, instead the pay-scale of copyist and be permitted to work as such. He gave two applications dated 15.11.1973. On the application dated 15.11.1973, the District Judge, Kanpur Nagar, passed the following order on 30.11.73 to enquire that whether: