- (1.) THOUGH there is some delay in filing the special appeal, but since the counsel for the respondents has no objection in condoning the delay, we condone the delay.
(2.) THE writ petition has been disposed of, by the learned Single Judge issuing a direction to the District Magistrate, Barabanki to consider the respondents' case for absorption, keeping in view the Government Order against the vacant post of Lekhpal and Collection Amins or against other vacant posts, expeditiously and preferably within a period of three months. A direction was also issued that while considering the respondents' case, the appellants (respondents in the writ petition) shall also provide age relaxation in accordance with rules/Government Orders. In short, the controversy has arisen, as the respondents (petitioners in the writ petition) claim that they had worked for some time in the Census Department and on being retrenched from the department, they are to be absorbed and appointed on regular basis, by the District Magistrate, in any service under his control. The learned Single Judge did not enter into the aforesaid plea as to whether the employees of the Census Department have any right to be absorbed in any other department of the Government or can claim regular appointment, but on asking the District Magistrate, Barabanki to appear in person before the Court, on whose behalf, the Deputy Collector appeared and gave a statement that there are six posts in Collectorate, Barabanki reserved in pursuance of the order passed by this Court in pending writ petition and that there are 36 posts of Collection Amin and 86 posts of Lekhpal to be filled up through direct recruitment, whereas the appointment on the vacant post of Lekhpal has been stayed by the State Government, the learned Single Judge observed that there appears to be no hurdle to consider the case of the respondents against 86 posts of Lekhpal, the appointment on which has been stayed by the State Government.
(3.) IT was further observed, that since the respondents are retrenched employees of the Census Department and are running from pillar to post since 1991, they are entitled for absorption on appropriate post in view of the Government Orders dated 21.8.2007 and 9.10.2007. At this juncture, Sri A.M. Tripathi appearing for the respondents, says that in view of the order passed by the District Magistrate on 8.12.2009, which has been brought on record of this special appeal, rejecting the representation of the respondents, the present special appeal has become infructuous, as the respondents seek liberty to challenge the aforesaid order by filing a fresh petition.;