Rakesh Tiwari - (1.) -Heard learned counsel for the parties and perused the record.
(2.) PETITIONER Nos. 1, 2, 3 and 5 were employed as Assistant Wasil Baqi Navis under the Collectorate, Allahabad. They had worked for different periods during the years 1983 to 1987. In 1987, a list of selected candidates from amongst Seasonal Assistant Wasil Baqi Navis was prepared by the District Magistrate, Allahabad, which is Annexure-2 to the writ petition. The contention of the petitioners is that though there were large number of substantive vacancies in the clerical cadre existing in the Collectorate, Allahabad and they being selected were not granted appointment and no work has been taken from them subsequent to 31.7.1987 inspite of repeated reminders. Aggrieved by the aforesaid situation, the petitioners along with other persons filed Writ Petition No. 7867 of 1987 in this Court with the following prayers : "(i) issue a writ, order or direction in the nature of mandamus commanding the respondent to regularise the petitioner's services by appointing them as clerks, in the Collectorate of Allahabad against permanent vacancies ; (ii) issue a writ, order or direction in the nature of prohibitory injunction restraining the respondents from holding any interview and from preparing any fresh list and making any appointments of clerks etc. in Collectorate, Allahabad, in pursuance of the notice dated 30th of March, 1987 (Annexure-15) or any other such notice issued in the names of other persons ; (iii) issue a writ, order or direction quashing the notice dated 30.3.1987 (Annexure-15 to the writ petition) ; (iv) issue a writ of mandamus commanding the respondents to issue an order to the effect that the services of the petitioners stand regularised and to issue necessary orders in respect of such regular appointments as clerks in the Collectorate, Allahabad, in the name of petitioners ; (v) issue any other writ, order or direction which this Hon'ble Court may deem just and proper in the circumstances of the case ; (vi) award the costs of the petition to the petitioner."
(3.) THE aforesaid writ petition was dismissed by a Division Bench of this Court, vide judgment and order, dated 5.3.1990. In the meantime, the petitioners and some selected candidates in the select list, dated 31.1.1987, filed a representation before the District Magistrate, Allahabad, as well as before the Board of Revenue. On the said representation, an enquiry was conducted by the Board of Revenue, thereafter an order, dated 10.9.1992 (Annexure-4 to the writ petition) was passed by the Board of Revenue directing departmental action to be taken against some persons and further directing that appointment should be granted to the candidates from the select list, dated 31.1.1987 against the existing vacancies as per seniority position in the said list. THE merit placement of the petitioner Nos. 1 to 5 in the select list, dated 31.1.1987 is at serial Nos. 4, 5, 12, 17 and 10 respectively. The petitioners contend that inspite of the order passed by the Board of Revenue, none of them have been granted appointment and on the contrary, persons much lower than the petitioners in the select list, dated 31.1.1987, have been granted appointment on 28.2.1993 and 8.7.1993, e.g. appointment has been granted to one Maqsood Ahmad placed at serial No. 13, who is lower in the merit placement than the petitioner Nos. 1, 2, 3 and 5. It is further averred in paragraphs 14, 15 and 16 to the writ petition that by order, dated 8.7.1993, appointment has been granted to ten persons including 3 persons, whose names were in the select list, dated 31.1.1987, namely, Imtiaz Ahmad, Anirudh Pratap Singh and Surendra Kumar Chaurasia whose names are at serial Nos. 22, 15 and 16 in the select list, dated 31.1.1987. The remaining persons, in the order, dated 8.7.1993, are promotees from Class IV against promotion quota. It is alleged in the writ petition that grant of appointment to 4 persons as mentioned in the orders, dated 28.2.1993 and 8.7.1993 is without any justification, they being junior and lower in merit than the petitioners in the select list, dated 31.1.1987.;