VIJAY KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) V. K. Shukla, J. Petitioners, who are two in number have approached this Court with the prayer that a writ in the nature of mandamus be issued commanding the respondents to appoint the petitioners on the post of Tube- well operator in the Department of Irrigation, District Gonda on the basis of the selection held on 7-1- 1994 and further for quashing of the order dated 19-4-2001 passed by the Engineer-in-Chief, Irrigation Department, U. P. , Lucknow rejecting the claim of the petitioners.

(2.) BRIEF background of the case is that selection proceedings were undertaken for making selection and appointment on the post of Tube-well operator on 7-1-1994. Result of the said selection was declared on 9-9-1994. In the said select list, which was published, name of both the petitioners figured as successful candidatures. Qua the same selection in the District Bahraich and Barabanki appointment letter had been issued to selected persons and it has been mentioned that said incumbents are continuing even as on date. Petitioners were denied appointment on the strength of the order dated 4- 10-1994 issued by the Engineer-in-Chief, Irrigation Department, U. P. Lucknow directing therein that no further appointment shall be made on the post of Tube-well operator. Other candidates, who were similarly situated, approached this Court by preferring Civil Misc. Writ Petition No. 1939 (S/s) of 1998 and this Court in the said writ petition directed that Engineer-in-Chief, Irrigation Department, U. P. Lucknow shall nominate any Chief Engineer (Level-I or Level-II) to look into as to why petitioners of the aforementioned writ petition have been discriminated. In the said order it was also mentioned that if sufficiently good reasons do not exist for not appointing the petitioners of the aforementioned writ petition, then they shall be offered appointments. Thereafter, another writ petition No. 1453 (S/s) of 1998 Surya Prakash Tiwari & Ors. v. State of U. P. & Ors. , had been filed.

(3.) SUBSEQUENT to the same, as directed in Civil Misc. Writ Petition No. 3144 (S/s) of 1995, Vijay Kumar Upadhyaya & Ors. v. State of U. P. & Ors. , and Civil Misc. Writ Petition No. 1453 (S/s) of 1998, Surya Prakash Tiwari & Ors. v. State of U. P. & Ors. the Engineer-in-Chief, Irrigation Department, U. P. Lucknow made inquiry and proceeded to cancel the order passed by the Chief Engineer (Mechanical) and mentioned therein that 12 petitioners of aforementioned writ petition be offered appointment after requisite approval is obtained by the Secretary, Irrigation Department, U. P. Lucknow. In this report claim of the petitioners has also been dealt with and therein it has been mentioned that there is no fault on the part of the petitioners and in case result would have been declared in time, then petitioners would have been offered appointment. It has also been mentioned that delay in declaration of the result was on account of department concerned and petitioners have been illegally deprived. The other persons, thereafter have been offered appointment by the Executive Engineer, Irrigation Department, Gonda on 12-4-2005 copy of the said order has been appended alongwith supplementary affidavit as SA-I. Pursuant to same placement has also been accorded on 28-8- 2005. It has also been informed, that subsequently Government order dated 19-7-2005 and 8-8-2005 has been issued providing therein that Tube-wells and Tube-well Operators/part Time Tube- well operators be returned back to Irrigation Department.