- (1.) The judgement and order of the learned Single Judge dated 17.7.2013 passed in Writ Petition No.1428 of 2004, is subject matter of challenge in this Special Appeal.
(2.) The appellant, who is petitioner in the writ petition, was initially selected for appointment on Class-IV post, in pursuance of a regular selection held in the year 1991. The written examination was held on 20.01.1991 and interview was held on 11.3.1991. In the select list, the appellant was placed at Serial No.33. The candidates up to serial No.32 were appointed against substantive vacancies and the appellant along with others was kept in waiting list. It is alleged that one Mati Ram, who had been placed at Serial No.34, was appointed against the substantive vacancy overlooking the claim of appellant. The appellant, therefore, made a representation claiming appointment against a substantive post. Another interview was conducted on 01.06.1992 and on consideration of result in the interview, the appellant was appointed on temporary basis on the post of Farash on a consolidated pay of Rs.750/- per month, by the order dated 21.07.1992. The appellant, thereafter represented to the District Judge for appointing him in a regular scale of pay. The then District Judge by an order dated 15.06.1998, allowed the regular pay scale to the appellant from the date of order, on a condition that the appellant would withdraw all pending litigations.
(3.) In the mean time, a Class-IV employee, namely, Suresh Chandra Srivastava, working in the District Judgeship of Maharajganj, died on 19.01.1998 and his widow Smt. Neelam Prabha Srivastava, the respondent no.3, was given appointment on substantive basis against a Class-IV post from 03.06.1998. The District Judge, by order dated 05.06.1998, recalled said order dated 03.06.1998 giving appointment to the respondent no.3 on substantive basis against a Class-IV post and appointed her on the post of Farash on a consolidated pay of Rs.785/- and the appellant was appointed in Class-IV post with a regular scale of pay. This order of the District Judge dated 05.06.1998 was also recalled by the order dated 19.12.2003 posting the appellant as Sweeper- cum- Farash on the consolidated pay of Rs.785/-. This order of District Judge was challenged in the writ petition.;