(1.) This writ petition has been filed for quashing the impugned advertisement dated 22nd October, 2003 (Annexure-2) and the preceding Government Order dated 27th September, 2003 (Annexure-3), providing for appointment of D.G.C. (Criminal) and Additional Government Advocate in District Ballia.
(2.) Facts and circumstances, giving rise to this case are that petitioners No. 1 to 4 were appointed as Assistant District Government Counsel (Criminal), vide order dated 27th July, 1992 and petitioner No. 5 as Additional Government Advocate vide order dated 3rd August, 1992 in District Ballia (Annexures-4 and 5), for a period of one year, i.e., upto 31st July, 1993. Their appointment had been renewed from time to time. Last renewal was made on 30th October, 2000 for a period of three years, i.e., upto 29th October, 2003 by the State Government. Instead of renewing the cases of the petitioners, an advertisement dated 22nd October, 2003 (Annexure-2) has been issued in pursuance of the Government Order dated 27th September, 2003 (Annexure-3) inviting applications for the said post under Para 7.03 of the U.P. Legal Remembrancer Manual (hereinafter called the 'L.R. Manual'). This petition has been filed for quashing the same contending that the petitioners have a right of being considered for renewal under the provisions of the said L.R. Manual.
(3.) Shri Yogesh Agarwal, learned Counsel for the petitioners has submitted that once, the petitioners had been appointed under the provisions of the L.R. Manual and Section 24 of the Code of Criminal Procedure, the question of non-consideration of their cases for renewal amounts to violation of the statutory provisions and therefore, the said advertisement and the Government Order are liable to be quashed.
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