Court No. - 3

Case :- SPECIAL APPEAL DEFECTIVE No. - 206 of 2018

Appellant :- Mukesh Kamboj

Respondent :- State Of U.P. And 3 Others

Counsel for Appellant :- Siddharth Khare,Ashok Khare

Counsel for Respondent :- C.S.C.,Krishna Chandra Sinha

Hon'ble Pankaj Mithal,J.

Hon'ble Neeraj Tiwari,J.

Heard Sri Siddharth Khare, learned counsel for the appellant

and Sri Sunil, learned counsel appearing for the respondents.

The respondent No. 4 appeared in the selection of the Assistant

Clerk (Junior Clerk) (Category-C) conducted by the

Superintending Engineer, PWD, Moradabad. He was not

allowed to participate in the typing test. He preferred a writ

petition, wherein by the interim order dated 07.04.1999, he was

permitted to appear in the typing test. After he appeared in the

typing test, his result was not declared, therefore, he filed

another writ petition wherein by the order dated 21.11.2000 a

direction was issued to declare the result of respondent No. 4.

Accordingly, result was declared and as he was successful, he

had joined the service.

The aforesaid writ petition wherein interim order was issued to

allow the respondent No. 4 to appear in the typing test was

finally heard and allowed by the impugned judgment and order

dated 21.2.2018.

Aggrieved by the aforesaid decision, the appellant has preferred

this petition contending that in case the appointment of the

respondent No. 4 goes away, the appellant would have a chance

of appointment as he is next in line.

The learned Single Judge has not only allowed the writ petition

on the ground that there is no justification to disturb the

appointment of respondent No. 4 after he had worked for 18

year on due selection but has also recorded a finding on merit

that the respondent No. 4 was illegally denied the typing test as

it was the responsibility of the Authorities to provide

Typewriter. No error exists in the impugned judgment on the

merits of the claim of respondent No. 4.

We are also conscious of the fact that the respondent No. 4 was

permitted to appear in the typing test and his appearance was

dependant upon the final decision of the writ petition.

Therefore, with the dismissal of the writ petition, his

appearance is justified and in turn the selection also. Even

otherwise as on the strength of the said interim order, the

petitioner was declared successful and was appointed

whereupon he had continued in service from last 18 years, we

find no justification at this stage to dislodge his appointment to

give way to the selection/appointment of the appellant which

claim rather wishful thinking on his part is quite state.

In these circumstances, we do not find any merit in this Appeal.

The Appeal is dismissed.

Order Date :- 3.5.2018/Sartaj