IFTKHAR ANSARI Vs. STATE OF U P

JUDGEMENT

(1.) This bunch of 15 connected writ petitions involves the question of appointment or otherwise of the petitioners as Urdu Translator-cum-Junior Clerks in various offices of district Deoria. Since common questions of law and fact are involved in the writ petitions, the petitioners are proposed to be decided together.

(2.) The Government of State of U. P. took a policy decision to provide employment to Urdu knowing persons by absorbing them on the post of Urdu Translator-cum-Junior Clerks in the various departments of the State and also with a view to promote the Urdu language and to make it job-oriented and further to link it with economic aspects of life. In the month of August all over the State 5,061 posts were sanctioned/created in the various departments of the State. It was stipulated that one post each in all the offices of departmental heads and heads of offices, both at the Divisional and District level shall be filled in by Urdu Translator/Junior Clerk subject to the restrictions that where the post of Regular Assistant Clerk in the Pay Scale of Rs. 950-1,500 is lying vacant. It will be treated to have been converted as that of Urdu Translator ; in case there was no vacancy, the first vacancy which may occur due to retirement/pro motion or for any other reason shall be filled up by a Urdu Translator. The appointing authority of Urdu Translator was the same authority which was authorised to appoint the Junior Clerks. It was also contemplated in the Government Order that all the posts of Urdu Translator shall be filled by special recruitment drive within a period of three months. Subsequently, it was clarified that if there is no vacancy, appointment shall be made against the supernumerary post created for the purpose and the supernumerary post shall continue till a regular vacancy is available.

(3.) In pursuance of the acclaimed policy and various Government Orders, the District Magistrate, Deoria initiated proceedings and took steps to recruit the Urdu Translators. The posts were advertised and a written test was held on 25.12.1994. A Select List of 58 candidates was published/notified on 12.1.1995. Out of the said list certain persons were appointed in different departments such as Police, Education, Employment Exchange, etc. On 3rd February, 1995 a Government Order was issued by the Secretary of the Karmik Anubhag-4 that the appointment letters to all the selected candidates be issued by 20th February, 1995. In 12.1.1995, 16 successful candidates were posted in the Police Department ; on 19th February, 1995, 5 selected candidates were appointed in the Education Department. Mohd. Latif and Iftikhar Ansari were also given appointments though they were respectively at Serial Nos. 40 and 31 of the select list. On 15th March, 1995 three more candidates were given appointments in the Co-operative Department.