Arun Tandon - (1.) -These three writ petitions arise out of the same selection held in the judgeship of Jaunpur for the post of Stenographer. All the writ petitions are being decided under this common judgment.
(2.) IN the judgeship of Jaunpur an advertisement was published inviting applications for appointment on the post of Stenographers, under the Subordinate Civil Courts Ministerial Establishment Rules, 1947 (hereinafter referred to as the 'Rules'), as amended from time to time, after selection was held, a select-list was declared vide order dated 18th November, 1993 of the District Judge. The said select-list comprised of six persons, namely, S/Sri Avinash Kumar Maurya, Rajendra Kumar Maurya, Shambhu Nath Maurya, Mohd. Islam, Ratan Kumar Pandey and Siyaram Yadav in order of merit. IN the select list itself, it was mentioned that there are only two vacancies of Stenographers in the pay scale of Rs. 1,200-2,040. The persons who were enrolled at serial Nos. 1 and 2 were offered appointment against the said vacancies and there is no controversy in that regard. Under Rule 14 of the aforesaid Establishment Rules, the life of select list is provided as one year. The life of the select list, as such was to expire on 17th November, 1994. However, the Hon'ble High Court issued a circular letter dated 28th July, 1994 whereby the life of the select list was extended from one year to three years. On 13th March, 1995 an order was issued by the District Judge in favour of the Ratan Kumar Pandey, who was enrolled at serial No. 5 in the select list, appointing him on the post of Copiest. In the said letter, it was mentioned that the said appointment was subject to the approval of the High Court. On 4th March, 1995 another order was issued whereby Sri Shambhu Nath Maurya, who was enrolled at serial No. 3, was offered appointment on the post of Stenographer.
(3.) THE petitioners of the Writ Petition No. 33727 of 1995, namely Mohd. Islam and Sri Siyaram Yadav, who were enrolled at serial Nos. 4 and 6 of the select list, filed representation before the District Judge, Jaunpur claiming therein that they should be offered appointment, on the post of Stenographers as has been done in the case of Ratan Kumar Pandey and Shambhu Nath Maurya. THE representation filed by the petitioners was not decided. As such, the said petitioners, namely, Mohd. Islam and Sri Siyaram Yadav filed Writ Petition No. 33727 of 1995 before this Court. This Court by means of the interim order dated 24th November, 1995 required the District Judge, Jaunpur to look into the grievances of the petitioners and dispose of their representations, if any, and to communicate the decision within a month. THE District Judge, Jaunpur by means of the order dated 4th January, 1996 rejected the representation of the petitioners. THE said order has been brought on record before this Court by means of the supplementary affidavit. Reference has also been made to the Act that one Pankaj filed Writ Petition No. 47624 of 1993 before this Court. In the said writ petition, an interim order was passed by the Court on 9th December, 1993, whereby it was provided that one post of Stenographer shall be kept vacant. During the continuance of the said interim order, Sri Shambhu Nath Maurya was offered appointment on the post of Stenographer as a new Court of Additional District Judge was created in the judgeship of Jaunpur on 1.1.1995. Mohd. Islam and Sri Siyaram brought the interim order to the knowledge of the District Judge as a result whereof the appointment of the Sri Shambhu Nath was ceased. Writ petition filed by the Sri Pankaj Kumar Pandey was dismissed on 8th January, 1998 by the learned single Judge. Against the said order of the learned single Judge, a special appeal, being Special Appeal No. 381 of 1998 was filed by Sri Pankaj Kumar Pandey, which was dismissed on 23rd July, 2002. As a consequence thereto, the appointment of Sri Shambhu Nath has since been regularised.;