MUKESH CHANDRA KUSHALIA Vs. JAI KIRTI SRIVASTAVA

JUDGEMENT

(1.) Heard the learned Counsel for the appellants Dr. L.P. Misra, Sri Rajiv Srivastava for the petitioners/respondents and Sri Upendra Misra for the respondent Jal Nigam.

(2.) Learned Counsel for the appellants Dr. L.P. Misra has submitted that the appellants had appeared in the selection in pursuance of the advertisement dated 28.2.2003 in respect of the vacancies of Junior Engineer as Scheduled Castes candidates and were finally selected. In pursuance of the said selection they were issued appointment orders and they were allowed to resume duties some time in June, 2003 but without impleading the appellants, the present petition has been filed in which an interim order was passed, the effect of which is cessation of the employment of the appellants and in pursuance of the said interim order, the U.P. Jal Nigam has passed an order dated 5.8.2003 that the persons, who have been issued appointment orders and have joined in pursuance of the order dated 26.6.2003 will not be allowed to work and they will not be paid salary and the candidates who have not joined will not be allowed to join. Further submission is that in view of the fact that backlog of the quota of Scheduled Castes was to be filled and the number of vacancies could increase and, therefore, the candidates more than the advertised vacancies, have been issued appointment orders against the Scheduled Castes category. He also says that the reserved category posts were to be filled up first and, therefore, the appointment orders were issued only to the reserved category candidates. Learned Counsel for the Jal Nigam. Sri Upendra Misra stated that since the State Government had issued a Government Order dated 3.4.2003 that no General Category candidate be given appointment, unless the quota of Scheduled Castes is filled, and therefore, the result of the candidates of other categories including General Category candidates was not declared.

(3.) Learned Counsel for the appellants has also submitted that certain persons who were issued appointment orders later on in pursuance of the second list have been allowed to work.