- (1.) This special appeal questions the correctness of the judgment of the learned Single Judge whereby, the claim of selection and appointment of the appellant to the post of Gram Rojgar Sewak, which is a contractual appointment, has been declined by the District Magistrate, Barabanki, vide order dated 31.10.2013 that has been upheld by the learned Single Judge.
(2.) The contention of the learned counsel for the appellant is that the selections are governed under the provisions of the government order dated 23.11.2007 read with the Government order dated 29.04.2011. According to the terms and conditions of the said Government orders, a select list has to be prepared by the Administrative Committee of the Gram Panchayat. The list of selected candidates has to be drawn up in accordance with the eligibility, provided they fulfil the eligibility conditions, according to the merit of the candidates. The contention is that Clause 5 and 6 of the Government order dated 23.11.2007 makes a provision that if the candidate selected at serial No.1, shows unwillingness to join the post in spite of being selected, then the candidate next in merit shall be selected. The selection is by the Administrative Committee.
(3.) The other provisions contained in clause 6 are that if the selected candidate is not possessed of the eligibility as prescribed, then in that event the Gram Panchayat will proceed for selecting another candidate. Sri Verma submits that a perusal of these clauses, leaves no room for doubt that the selections were held and that the candidate selected at serial No.1 had willingly not joined on the post and the candidate at serial No.2 has to be offered the said employment. It is therefore, urged that the conclusion drawn by the District Magistrate, Barabanki in the order dated 31.10.2013 are not in consonance with the aforesaid clause and even otherwise, the elimination of the appellant is arbitrary that violates of Article 14 of the Constitution. It is further contended that the selection had not been cancelled and it was only the unwillingness of the selected candidate that had led to this situation where after, the appellant had filed this writ petition before this Court directing the District Magistrate to consider his claim in accordance with law. It is thereafter, that the order dated 31.10.2013 was passed observing that since the process of fresh selection had been decided to be undertaken, and since there was no waiting list provided for under the relevant Government orders, therefore, there was no occasion to consider the claim of the appellant to offer him employment as a Gram Rojgar Sewak.;