STATE OF U P THROUGH SECRETARY, IRRIGATION DEPARTMENT LUCKNOW AND OTHERS Vs. MANOJ KUMAR KUSHWAHA AND ANOTHER

JUDGEMENT

(1.) This intra-Court appeal under Chapter-VIII Rule 5 of Allahabad High Court Rules, 1952 (hereinafter referred to as "Rules, 1952") has arisen from judgment and order dated 12.08.2009 passed by learned Single Judge in Writ Petition No.54304 of 2005 (Manoj Kumar Kushwaha and Another Vs. State of U.P. and Ors.) whereby writ petition has been allowed and a mandamus has been issued to appellants to post petitioners-respondents (hereinafter referred to as "respondents") on the respective posts for which they were given training.

(2.) Writ petition was filed by respondents Manoj Kumar Kushwaha and Ramesh Mani Tripathi alleging that they were given training meant for the post of Seench Paryavekshak from 21.03.2003 to 21.09.2003 and they have successfully passed the same. Under Rules, 75% post of Seench Paryavekshak is to be filled in by promotion and 25% by direct recruitment. There were 26 vacancies of Seench Paryavekshak out of which 75% were to be filled in by promotion and remaining 25% by direct recruitment. However, respondents Competent Authority illegally filled in all the vacancies by promotion depriving respondents' appointment as direct recruitment. However, under the control of Superintendent Engineer, Belan Nahar Prakhand, there were 23 sanctioned post out of which 5 were to be filled in by direct recruitment but only 4 were filled in from the source of direct recruitment and one is still vacant in the quota of direct recruitment, but, has not been filled in, and, instead, Executive Engineer, Belan Nahar Prakhand, Allahabad has illegally proceeded to fill in the same by promotion vide order dated 25.07.2005. In Tones Division, there were 11 sanctioned post and only 2 have been filled in by direct recruitment and one is still vacant. Petitioners' claim is that they are entitled to be appointed by direct recruitment against two vacancies in Belan Nahar Prakhand and one vacancy in Tones Prakhand but have been denied since respondents are proceeding to make promotion against said vacancies instead of direct appointment hence they are causing grave injustice in proceeding illegally. It is also stated that one of the petitioners Manoj Kumar Kushwaha earlier filed Writ Petition No.47726 of 2005, which is pending.

(3.) The writ petition was contested by appellants by filing counter affidavit sworn by Sri S.K.Singh, Assistant Engineer, Flood Works Division, Allahabad. It is stated therein that petitioners were engaged as Daily Wager and working as Work Supervisor in Work Charge Establishment. Their claim for appointment/posting/absorption as Seench Paryavekshak is against the rules.