SINCHAI SANGH NICHLI GANGA NAHAR, KANPUR Vs. STATE OF U.P.
LAWS(ALL)-2012-11-151
HIGH COURT OF ALLAHABAD
Decided on November 23,2012

Sinchai Sangh Nichli Ganga Nahar, Kanpur Appellant
VERSUS
State of U.P. and others Respondents

JUDGEMENT

Tarun Agarwala, J. - (1.) THE petitioner No. 1 is a Sinchai Sangh and alleges that it is a recognized Sangh by the Government of U.P. and is looking after the interest of the employees consisting of Supervisors, Sinchpal and Tubewell Operators employed in the Government of U.P. The petitioner No. 3 is also a registered Association known as Ministerial Association, Irrigation Department and is looking after the welfare of the employees of Class -III level as well as Supervisors, Sinchpal and Tubewell Operators. The petitioners have filed the present writ petition praying for the quashing of the order dated 14.9.2011 issued by the Engineer -in -Chief by which a decision has been taken to fill up 397 posts of Sinchpal and 60 posts of Sinch Paryavekshak under the Sinchpal Sewa Niyamawali, 1953 and Sinch Paryavekshak Sewa Niyamawali, 1954. The petitioners have also questioned the advertisement dated 24.9.2011 issued by the Irrigation Division, Fatehpur, advertisement dated 24.9.2011 issued by the Irrigation Division, Etawah, advertisement dated 25.9.2011 issued by the Irrigation Division Kanpur and advertisement dated 26.9.2011 issued by the Irrigation Division, Kanpur. The petitioners have further prayed, that a writ of mandamus be issued commanding the respondents not to hold any selection of the post of Sinchpal and Sinch Paryavekshak till such time the Sinchpal Sewa Niyamawali and Sinch Paryavekshak Sewa Niyamawali are not framed by the Government of U.P. The petitioners have also prayed for a writ of mandamus commanding the C.B.I. to hold an inquiry against certain officers, who have been named in the writ petition for playing a fraud on the Irrigation Department.
(2.) BEFORE the hearing of the writ petition, the officers, who had been arrayed in their personal capacity, were deleted by an order of the Court dated 19.11.2012 and consequently, the petitioners have now confined their relief to the validity of the order dated 14.9.2011, by which the Engineer -in -Chief had taken a decision to fill up various post of Sinchpal and Sinch Paryavekshak under the Sinchpal Sewa Niyamawali, 1953 and Sinch Paryavekshak Sewa Niyamawali, 1954 and the consequential advertisement issued pursuant to it. Writ petition No. 64981 of 2011 has also been filed for the quashing of the order dated 14.9.2011, passed by the Engineer -in -Chief and the advertisement issued by various Irrigation Department. The petitioners are candidates who had applied pursuant to the order of the Engineer -in -Chief but, did not qualify.
(3.) SIMILARLY Writ Petition Nos. 63187 of 2011, 63188 of 2011 and 63223 of 2011 has been filed questioning the advertisement. These writ petitions have been filed by the candidates, who had applied and who were unsuccessful.;


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