MANOJ KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) ALL these writ petitions arise out of the same cause of action and hence they have been heard together and are being disposed of by a common judgment. Writ Petition No. 46362 of 2004, in which pleadings have been exchanged, is being treated as the leading case.

(2.) THE brief background of these cases are that the Electricity Service Commission, Lucknow (for short 'the Commission') issued an Advertisement No. 2 of 2003 whereby applications were invited for appointment of 190 Office Assistants Grade-III in the respondent-U. P. Power Corporation Ltd. (for short 'the Corporation'). All the posts to be filled up were of backlog vacancies falling under the Scheduled Caste/Scheduled Tribes category. In response to the said advertisement, a large number of candidates had applied and after selection, the results were declared on 22.8.2003. A select list was declared in which all the petitioners were shown as selected for appointment as Office Assistant Grade-III.

(3.) HOWEVER, in another Special Appeal No. 694 of 2004, wherein a similar order of the writ court was challenged another Division Bench, vide its order dated 7.6.2004, did not agree with the judgment and order dated 4.5.2004 passed in Special Appeal No. 501 of 2004 and opined that the matter required to be considered by a larger Bench of this Court and referred it to the Hon'ble Chief Justice for constitution of a larger Bench. HOWEVER, by the said order dated 7.6.2004, the Division Bench further directed that "till the decision of the larger Bench, we direct that if any persons have been appointed in pursuance of the aforesaid selection, they shall not be allowed to function till further orders. If persons selected have not been given appointment, they shall not be given appointment till the decision of the larger Bench." This order covered even those candidates who had been issued appointment letters and were permitted to join and were already working and had not even filed any writ petition.