SUNIL AMBWANI, J. - (1.) BY this writ petition the petitioner has challenged the select list dated 3 -12 -1998, in so far as the respondents 2 and 3 are concerned, and has prayed for a direction in the nature of writ of mandamus directing the respondents to include the name of the petitioner in the select list of Routine Grade Clerk/Typist dated 3 -12 -1998.
(2.) THE employment on the post of Routine Grade Clerk/Typist in the State Law Office of the High Court at Allahabad under the Advocate General has been the subject -matter of controversy for a long time. In Writ Petition No. 42506 of 1993 between Shiv Pratap Yadav and others and State of U.P. and another decided on 8 -8 -1995, challenging the continuance of daily wage employees in the office of Advocate General of State, and to direct the respondents to make appointment on these posts after considering the facts to make appointment on these posts after considering the facts and circumstances of the case of the daily wage employees ; direction were issued, that after receiving the approval to the proposals for increasing the strength of the ministerial staff, permanents appointment would be made, only after the advertisement so that there is no scope of any violation of Article 16 of the Constitution of India. The Court did not find it expedient to disturb the arrangement made by the Advocate General in view of the pressure of work but at the same time recognised the rights of all those who were to be considered for appointment. The Court permitted the daily wagers to apply in pursuance of any further advertisement which may be made for recruitment. The aforesaid directions of this Court were followed by another set of directions issued on 20 -11 -1996 in Writ Petition No. 37054 of 1996 between Narain Datt Tripathi and State of U.P. and others. In this writ petition, the petitioners challenged the proceedings of examination for Routine Grade Clerk/Typist held on 14 -11 -1996 raising the grievance that call letters are being issued arbitrarily in violation of the undertaking given by the respondents to this Court in Writ Petition No. 42505 of 1993 decided on 8 -8 -1995 to advertise the post. It was challenged that no advertisement was made and no opportunity was afforded to the petitioners and other candidates to apply for appointment on the said posts. In this writ petition a statement was given on behalf of the respondents that appointment shall be made after following the procedure prescribed under the law i.e. after due publicity of the said post in the local as well as national newspapers having circulation in the State and Country respectively. The Court while disposing of the writ petition issued directions, that the call letters issued by the office of Advocate General to the candidates to appear in the examination shall be ignored. The posts in question shall be advertised in two daily newspapers having good circulation in the country, for which at least 15 days time should be given to the candidates for making/submitting application for appointment. The newspaper for advertisement of the post shall be selected by learned Advocate General and that the advertisement for the post of Routine Grade Clerk shall be made within one month and thereafter the respondent will proceed to make selection/appointment in accordance with law. It was made clear that the candidate in whose favour call letters have been issued shall have right to apply for the post, if they so desire.
(3.) FROM the orders made in the aforesaid two writ petitions, and the statement given by the respondents on the basis of which the aforesaid petitions were decided and directions were issued, it is apparent that the Court did not accept the rights of the existing daily wagers to be regularised on the post of Routine Grade Clerk/Typist, and that appointments were to be made only by direct recruitment, after due advertisement giving opportunity to all concerned.;