DEVENDRA NATH SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) THE short question involved in the writ petition is as to whether the petitioner is entitled to be absorbed in Class III service in the ministerial staff of Judgeship of Allahabad district on the basis of a short term appointment.

(2.) BRIEFLY, the facts are that the District Judge, Allahabad issued an advertisement on 30.11.1980 in the newspaper for recruitment in class III posts and Hindi and English stenographer in Allahabad Judgeship. The petitioner and various other candidates in pursuance of the said advertisement applied for appointment to the post.

(3.) ON 1st December, 1982, the succeeding District Judge took the view that the first list published on 29th June, 1981 shall be taken to be a valid one for the purpose of recruitment under the Rules of the Subordinate Civil Courts Ministerial Establishment Rules, 1947 (hereinafter referred to as the Rules). The second list was prepared on 30th June, 1982. ON 16.12.1982, he was of the opinion that Rule 14 of the Rules contemplates only one list and after the list was prepared, the second list could not be prepared merely on the ground that the candidates were to undergo a departmental training and examination. The period of the first list expired after one year under sub-rule (3) of Rule 14 of the Rules. He further found that some candidates were given short-term appointment on the basis of the list approved by his predecessor and he decided to interview all the candidates who were given short-term appointment so that the appointment of some candidates could be made on ad hoc basis.