SMT. NISHA RANI Vs. STATE OF U.P. AND OTHERS
LAWS(ALL)-2017-9-217
HIGH COURT OF ALLAHABAD
Decided on September 07,2017

Smt. Nisha Rani Appellant
VERSUS
State of U.P. and others Respondents

JUDGEMENT

SANGEETA CHANDRA,J. - (1.) This petition has been filed for the following prayers. " (i) issue a writ order or direction in the nature of mandamus directing the concerned respondents authorities to appoint the petitioner forthwith in view of the decision dated 15.04.1988 passed by Hon'ble Court from select list in question as similarity situated other candidates have been appointed in compliance of order dated 18.05.2006 passed in writ petition No. 2416(SS) of 2008; Ravi Kumar Srivastava v. State of U.P. and others , passed by Hon'ble Mr. Justice Sri Narian Shukla J. and order dated 03.03.2009 passed in Writ Petition No. 56855 of 2006; Rajnath and 3 others v. State of U.P. and others , passed by Hon'ble Mr. Justice B.K. Narian J. on suitable post with the State Department and pay her salary and other service benefits as admissible in the eye of law. (ii) issue a writ order or directing in the nature of mandamus directing the respondent No. 1 Chief Secretary, Govt. of U.P. Labour Section-3, Secretariat, Lucknow to appoint the petitioner as similarly situated employees from the select list in question by keeping away aside the order dated 27.05.2005 passed by Joint Director, Sports Directorate, U.P. Khel Bhawan, Lucknow, who was not the competent authority and himself stated that he is incompetent to appoint the petitioner. (iii) issue any other writ, order or direction which this Court may deem fit and proper in the facts and circumstances of the case."
(2.) It is the case of the petitioner that the select list was prepared for the recruitment year 1985-86 by the State respondents in which the name of the petitioner was also mentioned. This select list was published on 30th November, 1985 and was effective till 29.11.1986 as per the State respondents. Soon after the said select list was published, a Radiogram dated 24.06.1986 was sent by the State Government putting on hold all appointments on the ground that earlier the State Government had issued a notification that selection of Class III post was to be dealt with by Departmental Selection Committee of the respective departments and by the District Selection Committee as per the UP Ministerial Employees Service Rules of 1985.
(3.) This Radiogram was challenged by the selected candidates by filing Writ Petition No. 17017 of 1988 (Ramesh Chandra v. State of U.P. and others) . Another writ petition was filed by A.K. Awasthi and 14 others, namely, Writ Petition No. 11185 of 1988 on similar grounds with similar prayers. The petitioner filed Writ Petition No. 7833 of 1986 challenging the said Radiogram dated 24.06.1986 also.;


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