RAJENDRA KUMAR JAUHARI Vs. STATE OF U P

JUDGEMENT

(1.) U. P. Public Services Commission by an advertisement no. 15/85-86 invited applications for the seven posts of Inspectors of Government Offices. According to this advertisement, there were following three conditions of eligibility for the aforesaid posts :-

(2.) PETITIONER is Noter and Drafter in second circle of Public Works Department, Agra in the pay scale of Rs. 470-735/-. The petitioner was one of the candidates, who applied for the post of Inspectors of Government Offices in pursuance of the aforesaid advertisement but he was not eligible on account of the fact that he was drawing only Rs. 667/- as substantive pay on July 1, 1986. The petitioner, as such, filed this writ petition for getting the aforesaid advertisement quashed by writ of certiorari and further for writ of mandamus so as to restrain the respondents from implementing the advertisement.

(3.) SECOND contention of petitioner also has no force. In pursuance of the advertisement in question we are informed that the examination was held in July 1987 and interview was held on 12-4-1988. Examination was completed before Government order dated 14-8-1988 was issued by which the pay scales of the employees of State of U. P. were raised w.e.f. 1-1-1986. Before the Government issued the order everything was completed and as such the petitioner cannot take any advantage of the aforesaid Government order. The process of selection of candidates commencing from stage of calling for applications upto the date on which Government is entitled to make a selection is an integrated one. There are various stages in this process and at every stage rights are created in favour of one or the other candidate. The Government order does not have effect of adversely effecting the vested rights and obligations. An order, even if retrospective in operation, cannot undo what has already been done unless the order provides otherwise. No such provision has been made in this order dated 14-8-1988. The Government Order by which the pay scale was revised with effect from 1-1-1986 as such does not have any effect on the proceedings for selection which had commenced or concluded before the Government Order was issued.