- (1.) HEARD learned counsel for the petitioner and learned Standing Counsel for the respondents.
(2.) BY means of this writ petition, the petitioner prays for a writ of mandamus directing the respondents to treat the date of appointment of the petitioner as 20th August, 1997 instead of 09th April, 2003 and pay him arrears of salary as well as grant benefit of increments.
(3.) THE petitioner is a direct recruit on the post of Bandi Rakshak. The petitioner participated in the selection as a general category candidate and his name was placed at serial no. 1 in the waiting list. Previously, the petitioner approached this Court by means of writ petition no. 7031 of 2002 on the ground that some candidates below his merit were appointed, as such, the right of the petitioner for appointment on the post in question was protected. The contention of the petitioner was found favour with by the Writ Court and directions were accordingly issued. The writ petition was finally allowed by this Court on 10.12.2002 issuing the following directions. " Heard Sri V.K. Goel, learned counsel for the petitioner and the learned Standing Counsel who, represents the respondents. The contention of the petitioner is that three posts of Bandi Rakshak fell vacant while the process of selection was going on and in terms of the advertisement the vacanices advertised were liable to be increased or decreased, as the circumstances warranted. According to Sri Goel out of three vacancies, which occurred during the process of selection, appointment of two posts have been made from amongst the candidates appearing in the waiting list of reserved categories i.e. one from schedule caste category and the other from backward class category has been made. He submitted that according to the roster prescribed by the State Government as notified on 29.03.1994 vide notification No. 481/Ka/1 -94 -1.1.1994, the 60th post was to be filled up by the candidate belonging from unreserved category i.e. from general class and no appointment can be made from the reserved category on the said post. In paragraph 13 of the counter affidavit filed by Dinesh Kumar Singh, Jailor, District Jail Meerut. On behalf of the respondent no. 1 to 4, it is stated that 61 candidates have been given appointment during the selection occurring of three vacancies during the process of selection has also been stated by the respondent is paragraph 12 of the counter affidavit. It has also been submitted that in paragraph 14 of the counter affidavit that two persons namely, Ajay Kumar and Manoj Kumar were given appointment whose name appeared in the waiting list of schedule caste and other backward class category respectively. Thus, it is clear that all persons, who have placed on the selected list have been given appointment. In addition two more persons whose name appeared in the waiting list of the schedule caste and other backward class category candidates have been given appointment. The 60th post according to the roster applicable was to be filled up from amongst general class candidates. It is not disputed that the name of the petitioner stood at serial no. 1 on the waiting list. Thus, the respondent no. 4 ought to have given appointment to the petitioner. In this view of the matter the writ petition succeeds and allowed. The respondent no. 2 is directed to issue appointment letter to the petitioner on the post of Bandi Rakshak in District jail, Meerut one month from the date of production of the certified copy of this order." In compliance of the order passed by this Court, the petitioner was appointed on the post of Bandi Rakshak by order dated 09.04.2003 subject to the outcome of special appeal no. 139 of 2003. The special appeal filed by the State Government against the judgment dated 10.12.2002 was dismissed by this court on 05.10.2003, as such, rider incorporated in the appointment order dated 09th April, 2003 has lost its relevance.;