- (1.) The writ petition is directed against the order dated 23.10.2008 passed by respondent no. 2, Superintending Engineer, Minor Irrigation, Bareilly Circle, rejecting representation of petitioner for giving appointment on the post of Urdu Translator.
(2.) With consent of learned counsel for parties, this Court proceed to decide this matter finally on the basis of the record of writ petition itself.
(3.) The facts giving rise to present dispute are that Petitioner passed Adeeb-e-Mahir certificate from Jamia Urdu, Aligarh in 1993 along with Hindi as one of the subjects. State Government had recognized aforesaid certificate by its order dated 13.12.1994 equivalent to Intermediate with Urdu subject. On 9.9.1994, U.P. Urdu Translator-cum-Junior Clerk Service Rules, 1994 (hereinafter referred to as "1994 Rules") were published wherein Appendix-3 provides that for the purpose of appointment as Urdu Translator-cum-Junior Clerk, the qualification of Adeeb-e- Mahir shall be equivalent to Intermediate whereas qualification of Adeeb-e-Kamil shall be equivalent to B.A. District Magistrate, Bareilly advertised certain vacancies of Urdu Translator-cum-Junior Clerk in grade of Rs. 950-1500 for direct recruitment in accordance with 1994 Rules in which Petitioner applied. Selection was made by holding written test. The Petitioner was selected whereafter District Magistrate by letter dated 21.2.1995 allotted the Petitioner to the department of Minor Irrigation and directed the Superintending Engineer, Minor Irrigation, Bareilly to appoint the Petitioner after verification of his testimonials. An appointment letter dated 8.3.1995 was issued to Petitioner by Superintending Engineer. The aforesaid appointment was temporary since the posts were created upto 28.2.1996. The aforesaid appointments were challenged before Lucknow Bunch in Writ Petition No. 272 of 1995 wherein an interim order was passed on 26.5.1995 giving following directions: (1) No perso shall be appointed on the posts in question until he has passed intermediate examination of the Board with Urdu as one of the subjects; (2) If a person has passed Board's Intermeidate examination without Urdu as one of the subjects but has also passed the examination of Adeeb-e-Mahir of Jamia Urdu, Aligarh he too for the time being, will be qualified for appointment on the post; (3) Appointments of persons who have not passed Board's Intermediate Examination but are possessed only of the certificate of Adeeb-e-Mahir of Jamia Urdu, Aligarh already made by the State Government shall cease with immediate effect and no salary shall be paid to them henceforth.;