ARUN TANDON,J. - (1.) HEARD Shri Ashok Khare, Senior Advocate assisted by Shri Siddharth Khare, Advocate on behalf of the petitioners, Shri Rajiv Gupta, Advocate on behalf of the Judicial Officers and the High Court and Shri C.B. Yadav, Senior Advocate assisted by Shri Anoop Trivedi, Advocate for the respondents.
(2.) THIS writ petition has been filed by 19 petitioners with the prayer that the select panel as notified by District Judge, Gautam Budh Nagar dated 11.03.2008 for the posts of Stenographers, Clerk -cum -typist and the Clerk, be quashed and the petitioners be permitted to function on their respective posts as before. It is further prayed that the respondents may be directed to consider the regularization/absorption of the petitioners against suitable posts. Facts in short leading to the present petition are as follows.
(3.) IN the State of Uttar Pradesh 242 Fast Track Courts were created by the State Government vide Government Orders dated 23.03.2001, 29.12.2001 and 21.01.2002. Along with creation of the Fast Track Courts, posts of Stenographers, Clerk, Peon and Drivers were also created on ad -hoc basis to man these Fast Tract Courts. The extension to the Fast Track Courts and posts created therefor was granted by the State Government on year to year basis. In the year 2005 there was delay in issuance of the Government Order for extension of the Fast Track Courts. On the administrative side the High Court resolved pending final decision on the Fast Track Courts for rehabilitation of the Class III and Class IV employees of the Fast Track Courts. The High Court, therefore, issued a circular dated 15th April, 2005, which provided that promotion on the next higher post on the regular establishment should be made immediately and against the vacancies which became available after such promotion, the ex ad -hoc employees, on the basis of seniority and suitability, may be offered reemployment on ad -hoc basis in concerned District Judgeship where they were earlier working in the Fast Track Courts for a fix term in the initial stage of the pay -scale applicable. It was further provided that if there is no vacancy available in the same Judgeship, the ex ad -hoc employees be adjusted against the vacancies, which may be available in Judgeships within the same administrative zone and thereafter in the Judgeships of adjoining administrative zone. It was lastly provided that while filling up the vacancies in regular establishment, ad -hoc employees may be provided an opportunity to compete after providing relaxation in the matter of age. In the last paragraph of the circular, it was provided that no fresh advertisement be published as the persons to be employed are already on the list and that no reservation regarding caste etc. be made, for the same reasons.;