STATE OF MP Vs. SURESH KUSHWAH

JUDGEMENT

(1.) THIS writ appeal under Section 2 (1) of the M.P. Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 assails the final order dated 27.03.2008 passed in Writ Petition No.532/2003 (S), whereby the Single Bench while allowing the said petition has directed appointment of petitioners/respondents no.1 and 2 herein on regular post in Class-IV category on the strength of their completing ten years of service and granted regular pay scale of the post at par with respondents no. 3 and 4 herein with arrears.

(2.) THE appellants/State and its functionaries have assailed the impugned order basically on the ground that in the backdrop of law laid down by the Apex Court in the case of Secretary, State of Karnataka Vs. Smt. Uma Devi : (2006) 4 SCC 1, the impugned order is unsustainable and that a direction for appointment cannot be granted under Article 226 of the Constitution of India, even if the claim of the writ petitioners is found to be justified since such a direction will usurp the powers of the executive authority to judge the competence and suitability of the persons to be appointed.

(3.) LEARNED counsel for appellants/State could not point out any infirmity in the impugned order to be worth interfered with, and has submitted that the learned Single Judge ought not to have directed for appointment of the petitioners/respondents no. 1 and 2 herein even if their claim was found to be justified as no such direction can be given while issuing writ of Mandamus under Article 226 of the Constitution of India.