- (1.) (Delivered by Hon'ble Jagdish Bhalla, J) By means of this writ petition the petitioner has questioned the validity and the correctness of the order dated 5th October, 1987 whereby the petitioner who was working as District Panchayat Raj Officer after being selected, has been appointed afresh on the post of District Saving Officer.
(2.) The factual matrix, for appreciating the points involved in the present writ petition, are stated herein. In response to an advertisement issued by the U.P. Public Service Commission in the year 1981, petitioner applied for recruitment in various services including the post of District Panchayat Raj Officer cadre. In the year 1982 the result of the aforesaid examination was declared in which petitioner's named figured in the waiting list of the selected candidates. By the order dated 10th May, 1984 the petitioner was appointed as District Panchayat Raj Officer in the pay scale of Rs. 770-40-1050-EB-50-1300- 60-1420-EB-60-1600 and was posted in District Lakhimpur-Kheri. Subsequently, on 13th June, 1984 another order was issued modifying the earlier order dated 10.5.1984 and the petitioner was directed to report for duties as District Panchayat Raj Officer, Lucknow. The petitioner joined her duties on 15.6.1984. A perusal of the appointment letter contained in Annexure-1 to the writ petition reveals that on the basis of a selection and approval by U.P. Public Service Commission against the selection held in the year 1981, the petitioner was appointed in the cadre of District Panchayat Raj Officer and not in any other cadre.
(3.) It is seen from the materials and judgment on record that the genesis of this litigation relating to fresh appointment of the petitioner as District Saving Officer is traceable to writ petition no. 5603 of 1984. That writ petition was filed by one Kapil Asthana. It is said that Kapil Asthana also appeared in the examination conducted by the U.P. Public Service Commission and when the result was declared he was placed in the waiting list but he could not get any appointment.;