- (1.) Heard learned counsel for the petitioners and Shri Ashish Mishra, learned counsel for respondent no.2.
(2.) Petitioners herein, were appointed on class IV post as Chowkidar etc. in the year 2004. Certain persons who had appeared in the selection but were placed in the waiting list challenged the same by filing Writ Petition No.29826 of 2004, Balram Singh and others vs. State of U.P. and others, arraying the petitioners as respondents no.4 and 9 therein, along with other similarly placed respondents.
(3.) Initially, on 4.8.2004, an interim order was granted by the Court in the aforesaid writ petition, inter alia, restraining the respondents therein from functioning. In compliance thereof, the District Judge passed an order dated 16.8.2004 restraining the said persons (including the petitioners herein), from working. The said interim order dated 4.8.2004 was vacated by the Court vide order dated 3.3.2006. As a consequence of the vacation of the said interim order, the petitioners herein, ought to have been reinstated forthwith but they were not reinstated allegedly on the ground of pendency of the writ petition. Ultimately, the writ petition was dismissed vide judgment dated 7.8.2013 and the claim of the petitioners therein, was rejected. The validity of the appointment of the petitioners herein, was upheld. A categorical finding was recorded to the effect that "in this view of the matter, I do not find any illegality in the appointment of respondents no.3 to 12.";