Devendra Kumar Arora, J. - (1.) HEARD learned Counsel for parties and gone through the pleadings of the writ petition.
(2.) BY means of present writ petition, the Petitioners have prayed for a writ in the nature of mandamus commanding the opposite parties to consider the candidature of the Petitioners in light of judgment and orders dated 28.1.2005 and 04.2.2005, passed in writ petitions No. 586(SS) of 2005 and 885 (SS) of 2005, as contained in Annexures No. 1 and 2 to the writ petition. Submission of learned Counsel for the Petitioners is that the Petitioners worked as daily wager ward -boys for epidemic control in the year 2001 -2002. However, their services were terminated orally on 14/16.10.2002. Being aggrieved, Petitioners No. 1 and 2 preferred W.P. No. 6209(SS) of 2002 before this Court which was disposed of finally thereby allowing the Petitioners to continue in service in case all other 12 persons appointed with the Petitioners, were being allowed to continue in service but they were not continued in service. On 12.1.2005 the vacancies were advertised for the post of ward boys and the Petitioners No. 1 and 2 preferred another writ petition No. 586(SS) of 2005, Anil Kumar and Anr. v. State of U.P. and Ors. claiming preferential appointment against these posts. The said writ petition was finally disposed of vide order dated 28.1.2005 with a direction consider the candidature of the Petitioners along with others, taking into account their past experience provided they apply in the prescribed proforma for the post in question. However, the said recruitment process was cancelled. Now, fresh advertisement has been issued on 07.10.2011 showing four vacancies for the post of ward boys against which Petitioners have applied in light of the orders dated 28.1.2005 and 04.2.2005 passed in Writ Petitions No. 586(SS) of 2005 and 885(SS) of 2005, respectively. The Petitioners also moved representations requesting therein to consider their candidature in light of the judgment and orders dated 28.1.2005 and 04.2.2005. The Petitioners want that their experience earned in the year 2001 -2002 may be counted during consideration of their candidature as ward -boys in the year 2011.
(3.) LEARNED Counsel for the Petitioners have placed reliance upon the aforesaid two judgments dated 28.1.2005 and 04.2.2005, passed in writ petitions No. 586(SS) of 2005 and 885(SS) of 2005.;