SIKHAR GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri S.C. Verma, learned counsel for the petitioner and Sri M.C. Chaturvedi, Addl. Chief Standing counsel along with Sri S.B. Pandey and Sri S.P. Singh, learned Standing counsels.

(2.) IN this petition prayer has been made for issuance of mandamus directing the respondents to appoint the petitioner on the post of Gram Panchayat Adhikari (Category 'Ga').

(3.) IN reference to the above order a detailed counter affidavit has been filed and the original records have also been shown to the Court. From the counter affidavit and records it reveals that when the result was declared on 23 -3 -1999 the petitioner's name was shown at serial number one in the waiting list and in the merit list serial number 13 was kept open space or vacant for some candidate who did not deliberately come forward in the interview. No justification was however given for keeping serial No. 13 as vacant. The selected candidates have already been given appointment by the State Government, however it appears, subsequently, the cadre of 'Gram Panchayat Adhikari' was declared as dying cadre, therefore, according to the respondents fresh order cannot be issued in favour of the petitioner. This stand of the respondents is devoid of legal force. Taking that there was no defect in the selection process as well as in respect of the selected candidates, however prima facie there was a discrimination and error in preparation of select list dated 23 -3 -1999 where the serial No. 13 was kept vacant/open for the reasons best known to the respondents and since the petitioner was placed at serial No. 1 in the waiting list without any justification in fact he was to be placed amongst the selected 35 candidates, therefore, this select list was required rescheduling and rectification. The petitioner was to be treated to have been duly selected along with the original selected. Since there is no complaint about the selection and the selection is fair and the other selectes were given appointment, therefore, declaration of cadre of Gram Panchayat Adhikari as dying cadre at subsequent stage shall not debar the original position and status of the earlier selected persons including the petitioner as the petitioner is deemed to have been originally selected by virtue of re framing of the select list, therefore, the writ petition is liable to be allowed and mandamus is issued to the respondents to take a fresh decision treating the petitioner deemed to have been selected originally along with the other selected candidates and he is entitled to be given appointment according to the norms which was applicable to the original selected candidates and he is also entitled to the same seniority with original selectees and in the prevailing facts and circumstances, he shall be entitled for payment of salary from the date of joining the service.