SINGH MUKESH KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Umakant, learned counsel for the appellant and Sri Manish Goyal, learned counsel for the respondents.

(2.) The matter relates to the appointment on the post of Farrash in the district judgeship of Jalaun at Orai. The services of the appellant were dispensed with in the circumstances that have been already indicated in detail by the learned Single Judge.

(3.) The two issues that fell for consideration in relation to the claim of the appellant as well as other employees, were, as to whether the appointments had been preceded by a valid advertisement and secondly whether a valid selection procedure had been followed in terms of the U.P. Subordinate Civil Courts Inferior Establishment Rules, 1955 (hereinafter referred to as the '1955 Rules'). While proceeding to record findings, the learned Single Judge even though proceeded to hold that the judgement in the case of Sachin Kumar vs. State of UP, 2005 ALJ 3100 would apply prospectively, yet advertisement was a necessary concomitant of the selection procedure but the judgement would not apply retrospectively. On the issue of the selection procedure having been violated, the learned Single Judge took up the individual cases separately and recorded separate findings.