ROHIT RANJAN AGARWAL,J. - (1.) Heard Sri Kshitj Shailendra, learned counsel for petitioners, Sri Anwar Mehdi Zaidi and Sri Mohammad Sakir, learned counsel for respondent nos.1,2 and 3 and Sri Ashish Mishra, learned coun sel for respondent nos.4 and 5.
(2.) This intra Court appeal under Chapter VIII Rule5 of High Court Rules has been filed assailing judgment and order dated 20.3.2012, passed by learned Single Judge in Civil Misc. Recall Application No.67083 of 2012 in Civil Misc. Writ Petition No.15355 of 1990 confirming earlier order dated 7.2.2012.
(3.) Before proceeding to decide the appeal on merits it would be necessary to have a glance of the facts of the case, which are as under: In the judgeship of Moradabad, in the year 1987, a competitive examination was held for filling up post of English and Hindi Stenographers. Select list of English stenographers (containing names of appellants-respondents) and Hindi Stenographers was prepared on 14.7.1987. Copy of the said list is part of record at page 151 and 152 of the paper book. As no vacancy existed in the judgeship for the post of English stenographers, as such no appointments were given to the candidates in the select list of English stenographers. However, appellants were engaged for a period of one month under leave vacancy vide orders dated 14.10.1987, 15.10.1987 and 14.10.1987, copies of their engagement order have been brought on record as Annexure 6 to paper book. As per the provisions contained in Rule 14(3) of the Subordinate Civil Court Ministerial Establishment Rules, 1947 (in short "Rules of 1947"), select list was to remain valid for one year while Hindi stenographers were given appointment. On 24.9.1988 fresh examination was conducted for recruitment of Hindi stenographers in the Judgeship. On 29.11.1988 a select list of 10 persons was prepared in which respondent nos.1 to 3 were placed at Sl. Nos.1, 2 and 3, copy of select list of Hindi stenographers as on 29.11.1988 is on record at page 82. Thereafter on 30.11.1988 appointment orders were issued in respect of respondent nos.1 and 2 and appointment order of respondent no.3 was issued on 3.1.1989. Pursuant to said appointment letters respondents joined and were working as Hindi stenographers in the judgeship of Moradabad.;