2005 (1) AWC 246
(ALLAHABAD HIGH COURT)
Sunil Ambwani, J.
C.M.W.P. Nos. 15829, 13737, 5732, 25438 and 9493 of 2004
Decided on September 17, 2004
Sarad Kumar Srivastava and others
Versus
High Court of Judicature at Allahabad and another
select list - appointment - U.P. Land Revenue Act, 1901, Bengal, Assam and Agra Civil Courts Act, Code of Criminal Proceedings, 1973, U.P. Subordinate Civil Court Ministerial Establishment Rules, 1947, U.P. Recruitment of Ministerial Staff of Subordinate Office in Uttar Pradesh Rules, 1950 - The court discussed the provisions of U.P. Land Revenue Act, 1901, Bengal, Assam and Agra Civil Courts Act, Code of Criminal Proceedings, 1973, U.P. Subordinate Civil Court Ministerial Establishment Rules, 1947, and U.P. Recruitment of Ministerial Staff of Subordinate Office in Uttar Pradesh Rules, 1950. It highlighted the interpretation of the rules and their impact on the validity of the select list, appointments, and promotions.
Fact of the Case:
The petitioners sought quashing of circular letters limiting the life of the select list and freezing appointments. They claimed appointments from the select list for class III employees and Stenographers in the Judgeship at Chandauli.
Finding of the Court:
The court dismissed the writ petitions, except for two candidates who should have been appointed from the select list due to non-joining of two appointed candidates. The court also mentioned that the right of the third person in the select list depended on the decision of another writ petition.
Issues: The issues involved the validity of the select list, freezing of appointments, and promotions, as well as the interpretation of the relevant rules and their application to the appointments in the District Chandauli.
Ratio Decidendi: The court held that the select list's validity is limited to one year, and appointments cannot be claimed beyond that period. It also emphasized that the freezing of appointments and promotions was justified due to the uncertainty caused by the abolition of the Districts.
Final Decision: The writ petitions were dismissed, except for the direction to offer appointments to two persons from the select list, and the right of the third person depended on another writ petition.
Sunil Ambwani, J.—Heard Sri Ravi Kant senior counsel assisted by Manoj Kumar Pandey, Sri R.S. Misra, assisted by Sri Arun Kumar, Sri B.D. Mandhyan, senior advocate, assisted by Sri Satish Mandhyan, and Sri L.R. Khan for petitioners and Sri K.R. Sirohi for respondents.
2. By these writ petitions, the petitioners, included in the select list dated 16.6.2003 for appointment as class III employees and Stenographers in the Judgeship at Chandauli, have sought for quashing the fax message dated 20.1.2004 and circular letter dated 22.1.2004, issued by the Registrar General of the High Court for freezing appointments and circular letter dated 29.4.1999, in so far as it limits the life of the select list to one year, and have prayed for a direction to District Judge, Chandauli to appoint the petitioners in the existing vacancies in class III cadre and the consequential benefits. They have also prayed for a direction to the respondents to treat the select list dated 19.7.2003 as subsisting till the next selection takes place, and to make appointments therefrom till the existing vacancies are filled.
3. District Chandauli was carved out as a new Revenue District from the existing District Varanasi by notification dated 25.5.1997 issued by the State Government under Section 11 of the U.P. Land Revenue Act, 1901. The notification under the provisions of Bengal, Assam and Agra Civil Courts Act and Code of Criminal Proceedings, 1973 were issued on 19.12.1997 to sanction Sessions Division, Civil Court, J.S.C. Court, Insolvency Court, and various posts in the District Courts. The State Government created 52 class III posts,
for five fresh courts, and by the notification dated 16.6.1999, the District and Sessions Judge, Chandauli was appointed.
4. The notification dated 16.6.1999 issued by the Registrar General of this Court authorized the District Judge, Chandauli to absorb the employees of parent court at Varanasi and to appoint ad hoc personnel so as to make the functioning of the Court effective. The appointments were, however, directed to last only for three months, to be followed by regular selections. The District Judge, Chandauli invited applications for the 20 posts of clerks and 8 posts of Stenographers, vide publication dated 10.10.2001 in newspapers including ‘Dainik Jagran’. The advertisement provided that the posts can be reduced or increased according to requirement. All the petitioners applied for the posts of clerks. After a written examination and interview, a select list was declared and published on 16.9.2003, enlisting 44 persons for the post of Clerks, and 11 for the post of Stenographers. Out of this list, 19 persons, in accordance with the roster, applying the rules of reservation, were offered appointments. One of the posts of clerk grade belonging to Other Backward Class was reserved for Mohd. Rauf, working as ad hoc employee in clerical grade. He had filed Writ Petition No. 49137 of 2002 for regularisation in which the High Court had passed interim orders dated 19.11.2002 directing that his service shall not be disturbed. Two out of these 19 candidates did not join and thus only 17 persons out of this list have been appointed and are working in clerical grade.
5. In this writ petition we are not concerned with the selections and appointments of the Stenographers. The Registrar General High Court at Allahabad, issued a notification dated 24.4.1999, in supercession of the notification dated 24.4.1996 directing that all the appointments on class III posts in the subordinate courts shall be made as per provisions made under U. P. Subordinate Civil Court Ministerial Establishment Rules, 1947 (in short the Rules, 1947) and U.P. Recruitment of Ministerial Staff of Subordinate Office in Uttar Pradesh Rules, 1950 (in short the Rules, 1950), and that the life of the select list shall be of one year. The four directions in the Circular letter are quoted as below :
“1. The life of the select list shall be for one year fro
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