- (1.)The basic grievance of the Petitioner in this writ petition is that though he could have been appointed to the Indian Administrative Service cadre of Uttar Pradesh in respect of the year 2006, yet the same did not happen because of belated holding of the selection process by the competent authorities. At the very outset, for the sake of clarity, we are obliged to state that an interlocutory application was filed in the case of U.P. Power Corporation Ltd. v. Rajesh Kumar and Ors., 2012 7 SCC 1 in the backdrop that an order of stay was operating in the said case. As the said appeal has already been disposed of, this Court directed the I.A. to be converted to a writ petition as the grievance was genuine.
(2.)We are not required to state the facts in detail. Suffice it to state that the name of the Petitioner finds mention in the Select List meant for 2006 published on 27.11.2012, but he could not be extended the benefit as he stood superannuated by that time. A similar matter had travelled to this Court in Union of India and Anr. v. Hemraj Singh Chauhan and Ors., 2010 4 SCC 290 wherein a view was expressed in favour of the Respondents after repelling the contentions raised by the Union of India.
(3.)In pursuance of the aforesaid judgment, the Government of India vide order dated 25.5.2011 has passed an elaborate order after referring to a passage from the said decision. The order issuing the direction which is essential for the adjudication of the present case reads as follows:
"Now therefore, in pursuance of directions of Hon'ble Supreme Court dated 23.3.2010 in Civil Appeal No. 2651-52 of 2010 (arising out of SLP No. 6758-6759/2009) Shri Ram Naval Singh (DOB 2.1.1950) will be deemed to have been appointed to IAS Cadre of UP with all consequential benefits on the basis of inclusion of his name in the select list of 2004 not later than his immediate junior viz Shri Ram Mohan Yadav appointed to IAS on the basis of the same select list of 2004 i.e. 9.12.2010."