RAM BABU Vs. DISTRICT JUDGE BANDA

JUDGEMENT

(1.) S. P. Srivastava, J. The provisions contained in the U. P. Subordinate Civil Court Inferior Establishment Rules, 1955 herein after referred to as Rules regulate the recruitment to posts in and conditions of service of persons appointed to the Inferior Establishment of the civil courts in the State of Uttar Pradesh consisting of Government Servants classed as inferior staff in a Judgeship which is paid from the Establishment Section of the budget of each Judgeship, Rule 12 of the aforesaid Rules requires that a waiting list of candidates which means the list of candidates approved under the aforesaid Rules for appointment to the posts of Process Servers, Orderlies, Office Peons and Farrashes in the establishment shall be main tained for each Judgeship.

(2.) THE District Judge, Banda vide his order dated 26-5-1990, prepared a wait ing list contemplated under Rule 12 of the Rules indicated above which consisted of the names or 12 persons. In the aforesaid order, while declaring the aforesaid list it was indicated that the said list shall remain valid for a period of three years only and shall automatically stand lapsed on the expiry of the said period. It was also indicated that the persons whose names had been brought on the list as approved candidates shall not be entitled to an appointment merely on the ground that their names have been brought on the list and further that a person whose name had been brought on the list will be offered an appointment only as against a substan tive vacancy, provided he satisfied the prescribed eligibility criteria on the date of appointment. THE aforesaid waiting list was cancelled vide the impugned order dated 29-1-1994 so far as it related to the persons whose names appeared therein at Serial numbers 5, 6, 7, 8, 9, 10, 11 and 12 observing that there was no immediate vacancy to employ the aforesaid candidates on the waiting list who had been granted short term engagements in the manipulated vacancies and further as the list had lapsed and stood cancelled on the expiry of the period of three years calcu lated from 26-5-1990. It was also observed that the persons whose names appeared in the list at serial numbers 5 to 12 were not technical and their employment if made would be an inproductive liability on the department.

(3.) SRI Ram Das Pal, the petitioner in Civil Misc. Writ Petition No. 5913 of 1994, whose name appeared at serial No. 5 in the aforesaid waiting list has also approached this Court seeking the quashing of the order dated 29th January, 1994 passed by the District Judge, Banda. He has further prayed for a direction requiring the District Judge, Banda to appoint him onta vacant post in the Inferior Estab lishment of the Judgeship at Banda.