SUNIL AMBWANI, SURYA PRAKASH KESARWANI, J. - (1.) HEARD Shri G.K. Singh, Senior Advocate assisted by Shri V.K. Singh for the appellants -respondents. Shri Yashwant Verma, Senior Advocate assisted by Shri Ashish Mishra appears for the Registrar General, High Court of Judicature at Allahabad. Shri Siddharth Khare appears for the petitioners -respondents.
(2.) THE appellants in Special Appeal Nos. 1545 of 2012; 1025 of 2012 and 1026 of 2012 were selected in pursuance to the advertisement dated 31.1.2007 issued for recruitment on 3 posts of Hindi Stenographers against the regular establishment; 5 posts of Hindi Stenographers in Fast Track Courts and 5 posts of Clerks -cum -Typist in Fast Track Courts issued by the District Judge, Gautam Budh Nagar. All of them were placed in the select list dated 11.3.2008 and had joined. All the petitioner -respondents were working as Stenographers and Typist on adhoc basis in Fast Track Courts at Gautam Budh Nagar established in the State of Uttar Pradesh on temporary basis by Government Orders dated 23.3.2001; 29.12.2001 and 21.1.2002 and which were extended by the State Government on year to year basis. The State Government stopped financial support to the Fast Track Courts with effect from which the Fast Track Courts were abolished, consequently, the petitioners working on adhoc basis were ceased to work by the District Judge, Gautam Budh Nagar by his order passed in the year 2008. The petitioner -respondents filed writ petitions for their regularisation. Pending their claim in the writ petitions they filed the writ petitions giving rise to these special appeals for quashing select list dated 11.3.2008 issued by the District Judge, Gautam Budh Nagar for the post of Clerks, Stenographers and Clerk -cum -Typists and action taken in pursuance thereto. They also prayed for directions to the respondents to allow them to function as Clerks and Stenographers respectively and to pay their salary month to month.
(3.) LEARNED Single Judge has by his judgment dated 25.4.2012 allowed the writ petition and has quashed the select list notified by the District Judge, Gautam Budh Nagar dated 11.3.2008, with further directions to permit the petitioners -respondents to continue on their respective posts on which they were working prior to 11.3.2008 in terms of the Circular letters issued by the High Court from time to time, subject to powers of the State Government to take a decision otherwise. So far as for the posts of Stenographers available against regular establishment is concerned, it has been left open to the District Judge to prepare a fresh select list on the basis of overall marks received in the examination including those obtained in the compulsory papers. In respect of vacancies available on the post of Clerk -cum -Typist against regular establishment it has been left open for the District Judge to re -prepare the select list in accordance with the Rules, if it is so possible, but so far as the posts of Clerk are concerned, since no examination in respectr of optional papers was held, the entire selection has been set aside.;