M. R. SHAH, M. M. SUNDRESH
State Of Uttar Pradesh – Appellant
Versus
Karunesh Kumar – Respondent
JUDGMENT :
M.M. SUNDRESH, J.
1. The decision of the Division Bench of the High Court of Judicature at Allahabad in allowing the writ petition filed by the private Respondents, setting aside the order passed by the learned Single Judge is assailed before us. Candidates who waited in the wings, observing the legal journey, filed applications for impleadment seeking extended benefit of the impugned Judgment and Order.
2. The present appeals are filed by the State of Uttar Pradesh inter alia contending that the candidates who are not part of the list forwarded by the Uttar Pradesh Subordinate Services Selection Commission (hereinafter referred to as ‘the Commission’) were also directed to be considered in the vacancies arising pursuant to the selected candidates approved by the appointing authority, not taking up the jobs offered to the post of Gram Panchayat Adhikari, Single Cadre, Group (C). The learned Single Judge dismissed the Writ Petition filed by the private Respondents, which was overturned by the Division Bench on the premise that Rule 15 of the Uttar Pradesh Gram Panchayat Adhikari Service Rules, 1978 (hereinafter referred to as “1978 Rules”), if given due interpretation, would
Ajoy Kumar Banerjee v. Union of India (1984) 3 SCC 127 – Relied [Para 16]
Mohan Karan v. State of U.P. (1998) 3 SCC 444 – Referred [Para 16]
Surinder Singh v. State of Punjab (1997) 8 SCC 488 – Referred [Para 16]
Anupal Singh v. State of U.P. (2020) 2 SCC 173 – Relied [Para 16]
Union of India v. G.R. Prabhavalkar (1973) 4 SCC 183 – Referred [Para 16]
S.S. Balu v. State of Kerala (2009) 2 SCC 479 – Referred [Para 16]
Maya Mathew v. State of Kerala (2010) 4 SCC 498 – Referred [Para 19]
V. K. Girija v. Reshma Parayil (2019) 2 SCC 347 – Referred [Para 19]
Chief Information Commissioner v. High Court of Gujarat (2020) 4 SCC 702 – Referred [Para 19]
K. Manjusree v. State of A.P. & Anr. (2008) 3 SCC 512 – Distinguished [Para 19]
Dinesh Kumar Kashyap & Ors. v. South East Central Railway & Others (2019) 12 SCC 798
Union of India v. N. Murugesan (2022) 2 SCC 25 – Relied [Para 19]
Vallampati Sathish Babu v. State of A.P. (Civil Appeal No. 2473 of 2022) – Relied [Para 30]
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