KANHAIYA LAL Vs. BOARD OF DIRECTORS UPSRTC

JUDGEMENT

(1.) R. B. Misra, J. Heard Sri S. K. Mehrotra, learned Counsel for the petitioners and Sri Sameer Sharma, learned Counsel for the respondents. Copy of the counter-affidavit has not been placed on record, however, by courtesy of the learned Counsel for the petitioner himself counter-affidavit has been seen and it has been taken into consideration and the rejoinder-affidavit is available on record.

(2.) IT appears that the petitioners appeared for selection to the post of Conductor and according to the petitioners a select list was prepared in the year 1980 and their names were reflecting in the said select list. However, out of 414 candidates of the select list 291 candidates were appointed as Conductor and remaining persons were left. However, when list was cancelled, according to the petitioners, they should have been given appointment to the post of Conductor by virtue of being selected and included in the select list and not appointing the petitioners and inviting fresh applications to the post of Conductor in future is contrary to the principles of natural justice unless the candidates of list prepared in the year 1980 were completely absorbed.

(3.) ACCORDING to the respondents, thereafter the select lists were prepared the year 1981 and thereafter, in the year 1982. One of the candidates namely Rijwan Ahmad of 1981 select list filed a writ petition 28- 1-1987 before this Court (Hon'ble Mr. Justice B. D. Agarwal and Hon'ble Mr. Justice R. P. Singh, JJ.) with the prayer "to issue a writ, order or direction in the nature of mandamus to take back into service the two candidates of select list, which was prepared in the year 1981", but the writ petition was dismissed on the same day on the ground that the petitioner had only been included in the select list and after 1981 select list had been superseded by subsequent list, they had no right to claim appointment. ACCORDING to the respondents, in view of agitation by the Union of the Corporation, the Head Office of the Corporation vide circular dated 17-10-1984 has asked the Regional Managers to submit the names of those conductors of 1980, 1981 and 1982 select list : (a) Those who had completed 240 days of service in the Corporation. (b) Those who had completed less than 240 days of service in the Corporation. (c) Those who had not worked even for a day but had deposited security money and had been imparted training. (d) Those who had been only imparted training. (e) Those who had neither been imparted training nor had deposited security amount.