ARVIND KUMAR TRIPATHI, J. - (1.) ALL the aforesaid writ petitions are connected to each other. The submissions are also the same; hence they are being decided together.
(2.) WRIT Petition No. 46612 of 2008 has been filed by Umesh Chandra Srivastava for a direction in the nature of certiorari quashing the seniority-list, published by the District Judge, Kanpur Nagar, on 28.8.2008, along with other reliefs. Writ Petition No. 47084 of 2008 has been filed by Ram Kumar Srivastava with a prayer that the direction dated 29.8.2008, for holding the test for appointment on the post of Sadar Munsarim passed by the Addl. District Judge I/Administrative In-charge, Kanpur Nagar, be quashed and also with a prayer that respondents be directed to promote the petitioner on the post of Sadar Munsarim. Writ Petition No. 10705 of 2010 was filed as during the pendency of W.P. No. 46612 of 2008: Umesh Chandra Srivastava and others Vs. State of U.P. and others, praying for the quashing of the seniority-list published by the District Judge on 28.8.2008, Suresh Chandra Awasthi was promoted to the post of Senior Administrative Officer, whereas Umesh Chandra Srivastava was confirmed as Sadar Munsarim. A prayer was also made to quash the order dated 20.2.2012 passed by the District Judge, Kanpur Nagar, as well as the report of the committee dated 19.2.2010 and also for a direction in the nature of mandamus commanding the respondent not to give effect to the impugned order referred to above.
(3.) BRIEF facts of all the writ petitions are that in the year 1973 selection proceedings were conducted for recruitment of the ministerial employees in the lowest category in the District Judgeship of Kanpur Nagar and Umesh Chandra Srivastava, Anant Kumar Shukla and Suresh Chandra Awasthi and others were the applicants. The select list was published after the finalisation of the selection proceedings in which a total of 30 candidates stood selected for appointment, including the petitioners, namely, Umesh Chandra Srivastava and Anant Kumar Shukla. In this select list Suresh Chandra Awasthi was placed at serial no. 4 while Umesh Chandra Srivastava and Anant Kumar Shukla were placed at serial nos. 10 and 20, respectively. In pursuance of the aforesaid select list dated 23.04.1973 all were granted initial appointment as copyist and they all, along with the other candidates, joined as copyist. Immediately after the selection and appointment as copyist, Suresh Chandra Awasthi was deputed to work as fast typist in the court of JSCC, Kanpur Nagar by the order of the District Judge, Kanpur Nagar dated 15.05.1973 After that Suresh Chandra Awasthi moved an application before the District Judge, Kanpur that he be sanctioned the pay-scale of stenographer, instead the pay-scale of copyist and be permitted to work as such. He gave two applications dated 15.11.1973. On the application dated 15.11.1973, the District Judge, Kanpur Nagar, passed the following order on 30.11.73 to enquire that whether: "(i) If he is prepared to give up his claim in the regular line; (ii) If he is prepared to undergo the test for recruitment of Stenographer." In pursuance of the aforesaid order, Suresh Chandra Awasthi replied that he is not willing to give up his lien in regular line and he has no objection for test and, thereafter, Suresh Chandra Awasthi appeared in a stenography test. On the basis of his performance in the stenography test, and, in view of the shortage of stenographers in the Judgeship, an Addl. District Judge, Kanpur Nagar, submitted a report dated 2.2.1974 to the District Judge, Kanpur, recommending that the respondent may be treated as a proper candidate for being appointed as a stenographer. On this recommendation, the District Judge, Kanpur Nagar, passed the following order on 2.2.1974: "Seen. He may be enlisted as an approved Stenographer and posted as such as and when any vacancy arises." ;