SURYA PRAKASH TEWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri. Ramesh Pandey, learned counsel for petitioners, Sri. A.N. Trivedi, learned Additional Chief Standing Counsel and perused the record. On 07.12.1993, an advertisement was issued/published for selection/appointment on the post of Part -Time Tube Well Operator/Assistant Tube Well Operator. In response to the said advertisement, the petitioners and other candidates submitted their candidature, appeared in the written test as well as interview.

(2.) ON 09.09.1994, the select -list was declared. However, in the meantime, against the judgment and order dated 18.05.1994 passed in Writ Petition No. 3538 of 1992 (Suresh Chand Tiwari v. State of U.P. and others), a Special Leave Petition No. 16219 of 1992 was filed before Hon'ble the Supreme Court in which an interim order dated 18.03.1994 was passed, as a result of which, an order dated 04.10.1994 (Annexure No. 3) has been issued by the Engineer -in -Chief, Department of Irrigation, U.P., Lucknow that no person shall be appointed on the post of Part time Tube Well Operator/Assistant Tube Well Operator.

(3.) HOWEVER , the recommendation as made in the letter/order dated 17.03.2005 passed by O.P. No. 2/Chief Engineer, Irrigation Department has not been adhered to. The petitioners had filed the contempt petition for the purpose of their appointments. Thereafter, Executive Engineer has issued appointment orders on 23.05.2006 (Annexure No. 5) and 28.06.2006 (Annexure No. 6) of the petitioners and in pursuance to the said fact, they were sent for training, after completing the same, posted/given appointment on the post in question in the pay scale of Rs. 3050 -4950/ - from the date of their joining.