- (1.) WE have heard Shri Devendra Kumar Yadav, learned Counsel for the Appellant. Shri Amit Sthalekar has accepted notice on behalf of Respondent No. 2. Shri V.K. Misra appears for Respondent Nos. 4 and 5.
(2.) THE delay in filing the Special Appeal has been sufficiently explained and is accordingly condoned. In this intra Court appeal the Appellant has prayed for setting aside the judgment dated 2.2.2011 passed by the learned Single Judge dismissing the writ petition on the ground that after the appointments on the available vacancies of Class -IV posts in the judgeship at Hathras for which the advertisement was made in the year 2006, the waiting list had exhausted itself and that no further appointment could be made from the list, if there was any subsequent vacancy.
(3.) IN para 9 of the counter affidavit filed in the writ petition Shri Daya Ram Chaturth working as Additional District and Sessions Judge, Fast Track Court No. 1, Siddharth Nagar has explained that one vacancy of the Office Messenger was unfilled at that time. The post of Office Messenger, left vacant in the judgeship for quite some time was not advertised in the year 2006, but was filled up on the same selection after which there was no vacancy.;