ANIL KUMAR AND OTHERS Vs. STATE OF U.P.AND OTHERS
LAWS(ALL)-2011-11-230
HIGH COURT OF ALLAHABAD
Decided on November 25,2011

Anil Kumar and Others Appellant
VERSUS
State Of U.P.And Others Respondents

JUDGEMENT

KASHI NATH PANDEY, J. - (1.) THESE three Special Appeals under Chapter VIII, Rule 5 of the Allahabad High Court Rules 1952, arise out of common judgment dated 16.7.2007, of the learned Single Judge, by which he allowed the writ petition Nos. 1297 of 2006 (Bhupendra and others State of U.P. and others); 9351 of 2006 (Bare Lal Vs. The District Judge, Bhadohi and Ors) and 7105 of 2006 (Dhananjay Kr. Mishra Vs. State of U.P. and others), filed by Class III and Class IV employees working on ad hoc basis in the judgeship of Bhadohi (Sant Ravidas Nagar), challenging the selections of three stenographers and ten clerks in the separate select lists dated 13.1.2007, in pursuance to the advertisement dated 24.12.2003, in its entirety. He has thereafter issued directions to the District Judge to initiate steps for fresh selections (on the basis of earlier advertisement) for the posts in question. The directions have also been issued to the Registry of the High Court to provide all possible assistance - financial or otherwise, for making fresh appointments, and if some difficulty arises, the District Judge was permitted to engage such number of Class-III employees, as may be necessary, on daily wage basis for a fixed period only. Learned Single Judge refused the relief to the petitioners in the writ petitions working on ad-hoc basis to be continued, or for their reinstatement.
(2.) ON 3.8.2007, while admitting the Special Appeals, this Court passed an order making it open to the District Judge to proceed with the selection process in terms of the directions given in the judgement; however, pursuant to the selection, the result was not to be declared, and was made subject to final decision of the Appeal. By order dated 7.9.2011, the impleadment application of Sri Sanjay Mehrotra, who appeared in the re-examination on the post of Clerk held in pursuance of the direction of the learned Single Judge, filed in the Special Appeal No. 993 of 2007 was allowed.
(3.) ON 20.9.2011, the interim order was modified to the effect that, looking into the delay, which has been caused, and the difficulties faced by the judicial officers in their working, the result of fresh selections held in pursuance to the directions issued by learned Single Judge was directed to be declared and appointments to be made in pursuance thereof, subject to the result of these special appeals.;


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