R.B.Misra - (1.) -Heard Mrs. Durga Tiwari, learned counsel for the petitioner, Sri S. D. Kautilya, learned counsel for Nagar Nigam, Allahabad and learned standing counsel for the State respondents.
(2.) IN this petition prayer has been made for issuance of writ of mandamus directing the Mukhya Nagar Adhikari, Nagar Nigam, Allahabad and Upper Mukhya Nagar Adhikari, Nagar Nigam, Allahabad, respondent Nos. 2 and 3 respectively, to declare the result of interview held on 17.6.1995 for the post of Safai Nayak and also for giving appointment, if the petitioner is found successful in the above result. The facts of the case as pleaded are that the petitioner's date of birth is 6th July, 1965. Five posts were to be fulfilled, out of which two posts were to be fulfilled by departmental promotion, one was reserved for backward class ; one post was reserved for Schedule Caste and one post was reserved for General Category. For the existing vacancies of Safai Nayak advertisement was published and written examination was conducted on 13.6.1995, in which 115 candidates appeared and in the result 43 candidates were declared successful including the petitioner, who participated in the interview held on 17.6.1995. According to the petitioner, he had done satisfactory performance in the written examination and also in the interview and had every hope of being successful, however, the respondents without any rhyme or reason are frustrating the selection process by not declaring the outcome of the selection for the above post. Counter-affidavit filed on behalf of respondents reveals that certain complaints were received to the Mayor of Nagar Nigam and by his consultation the Upper Mukhya Adhikari has cancelled the incomplete selection on 10.11.1995, and such cancellation was subsequently accorded by Mukhya Nagar Adhikari on 18.11.1995.
(3.) IT has been submitted on behalf of petitioner that it has not been mentioned at all by the respondents about the nature of the complaint and against whom there was complaint and who was the complainant, and the cancellation of selection is not based on any material. According to the petitioner, no indication of cancellation of selection of Safai Nayak has ever been notified, whereas, on the other hand large number of vacancies in the substantive posts of Safai Nayak are still in existence. In these circumstances, without any basis and disclosure of complaint, without any inquiry or probe the selection to the post of Safai Nayak is suppressed, which is illegal. By order dated 6.11.2003 of this Court even Municipal Commissioner, Nagar Nigam, Allahabad was summoned in the Court in order to know the background of cancellation of the selection in question. In view of the earlier order of this Court dated 14.1.2003 information was sought from the respondent Nagar Nigam about the fund being allocated for cleanliness/Safai, mode and modalities of scheme of selection of employees for cleanliness, garbage, water effluent. Subsequently, on 4.12.2003 Municipal Commissioner, Nagar Nigam, Allahabad was summoned along with the original records to know the background of selection of cancellation and process of selection. In compliance thereto Municipal Commissioner appeared in the Court and indicated that since the records were kept for long time with the former Mukhya Nagar Adhikari and were handed over to the office at very late stage, therefore, full documents are not available and many of the original documents are missing. The facts revealing from the documents indicated that the selection was not finalised and in respect of comments dated 18.11.1996 of the then Upper Mukhya Nagar Adhikari the said selection in question of Safai Nayak was to be cancelled and as such, the same was cancelled. At subsequent stage a detail affidavit was filed through Municipal Commissioner/ Mukhya Nagar Adhikari, which has given the details of fund, assistance, amount being spent on Safai workers and in respect of funds being utilised in different heads. It has also been indicated through the counter-affidavit that large number of vacancies are available, however, after cancellation of the selection in question no subsequent selection to the post of Safai Nayak was ever held. The testing of genuineness of allocation and utilisation of funds in different heads is not issue in question to be adjudicated upon, but at present only it is to be said that keeping in view the fund the peoples are expecting many more things from Nagar Nigam and their workers, specifically in respect of cleanliness of roads, road sides, drainage, garbage and water effluent, however, this Court is only expressing a note of regret that people of the city as well as those, who are concerned and accountable or deployed for cleanliness, are not serving with true spirit to clean the city.;