MANOJ KUMAR YADAV Vs. STATE OF U P

JUDGEMENT

(1.) TARUN Agarwala, J. Heard Sri Ashok Khare, the learned senior Counsel assisted by Sri Siddharth Khare for the petitioners and Sri Rajeev Gupta, the learned Counsel for the respondents.

(2.) IN Writ Petition No. 29020 of 2007, Manoj Kumar Yadav was appointed on 18. 10. 2001 on a temporary basis, onthepostofwaterman, bythedistrictjudge, Jalaun fora period of three months. Subsequently, by an order dated 2. 1. 2002, hisservices was regularised under the U. P. Subordinate Civil Courts INferior Es tablishment Rules, 1955 (hereinafter referred to as the Rules ). IN Writ Petition No. 48213 of 2006, Shiv Pujan Yadav was appointed on a temporary post on 11. 10. 2001 as a Chaukidar, under Rule 4 (3) of the Rules of 1955 for a period of three months and thereafter his services was regularised. Similarly, Sujeet Kumar Yadav was appointed on a temporary post of Mali on 18. 11. 2001 and his services was also regularised after the expiry of three months. Sri Ram Bhajan Kushwaha was given an appointment on a temporary basis on the post of Waterman on 16. 1. 2002, for a period of three months and his services was also regularised after three months. IN Writ Petition No. 63123 of 2006, one Sanjeev Kumar was appointed as a Chaukidar, on 1. 11. 2004, on a temporary basis and his services was subse-quently regularised on 5. 11. 2001. IN Writ Petition No. 56744 of 2006, Singh Mukesh Kumar was appointed on a temporary basis on the post of Farrash, on 8. 1. 2003, and his services was regularised after a period of three months.

(3.) THE short point which involves in the persent writ petition is, whether the Rules prescribes a procedur? for selection of a person on a Class-IV post ? and, what is the power of the District Judge while making appointments on a Class-IV post under Rule 4 (3) of the Rules of 1955 ? and whether the Rules mandates the District Judge to issue an advertisement inviting applications from eligible candi- dates before making an appointment on a Class-IV post ?