MOHD MALIK Vs. STATE OF U P

JUDGEMENT

(1.) In order to promote Urdu language and to make this language job oriented as well as to relate it with economics aspects of life, the State of Uttar Pradesh 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. By letter dated 20.8.1994, which is Annexure-1 to the writ petition, as many as 5061 posts were sanctioned/created for all the departments in State of Uttar Pradesh. In the said letter, 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 by a Urdu Translator/Junior Clerk subject to the restrictions, where the post of Regular Assistant Clerk in the pay scale of Rs. 1500 is lying vacant, it will be treated to have been converted as that of Urdu Translator; in case there is no vacancy, the first vacancy which may occur due to retirement, promotion or for any other reason, shall be filed by a Urdu Translator. The appointing authority of Urdu Translator was the same authority which was authorised to appoint the Clerks. It was also contemplated that all the posts of Urdu Translators shall be filled by special recruitment drive within a period of three months.

(2.) Subsequently another Government order dated 3.2.1995, Annexure-6 to the writ petition, was issued by which it was directed 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 regular vacancy is available. This aspect of the matter was clarified under the Government order dated 10.10.1995, Annexure A-5 to the writ petition.

(3.) In pursuance of the above Government order, the District Magistrate, Saharanpur recruited 22 candidates and appointed them as Urdu Translators as against 68 posts sanctioned for the various departments in district Saharanpur. On 5.8.1995, 46 posts of Urdu Translators were advertised and after adopting due procedure for selection, the petitioners who are 15 in number, were finally selected. But appointment letters were not Issued to them. The petitioners have come up before this Court with the prayer that respondent No. 2 be directed to appoint the petitioners as Urdu Translators against the vacancies which have been sanctioned in different departments and to make available to them all the consequential benefits permissible under the law.