D.C.Srivastava, J. - (1.) The petitioner in this writ petition has prayed for a writ of mandamus directing the respondent No. 2 to appoint him as Process Server in Civil Court, Lalitpur with further direction to the respondent No. 2 to deem the petitioner appointed as Class IV employee when a substantive vacancy arose in civil court, Lalitpur.
(2.) The case of the petitioner is that the District Judge, Lalitpur held an examination for selection of candidates to Class IV post on 19.12.1991 under the provisions of U. P. Subordinate Civil Courts Inferior Establishment Rules, 1955. Oral examination was conducted and the petitioner was found qualified and suitable for the post. On 19.12.1991 Itself, a list of 5 selected candidates for class IV post was declared and published by the District Judge, Lalitpur respondent No. 2 vide Annexure-1, Out of the five candidates so selected, the candidates at Sl. Nos. 1 and 2 were given appointment on the same day. The remaining three candidates were assured that their candidature would be accepted when any vacancy would arise in civil court. Lalitpur. Under Rule 12 of 1955 Rules, no time-limit has been prescribed during which the select list shall remain in force. On 31.8.1992 one Thakur Prasad a class IV employee of civil court, Lalitpur retired, when one vacancy arose. One Sita Ram Maurya another Class IV employee was transferred to Oral on 14.10.1992 when second vacancy arose and the third vacancy arose on 31.3.1993 when Jagi Ram another Class IV employee retired. According to the petitioner, since no time-limit has been fixed under Rule 12 of the Rules hence the waiting list of selected candidates should expire after three years of its preparation, in view of pronouncement in Sailesh Chandra Saxena a. State of U. P., 1989 ALR 13. The petitioner moved several representations for his appointment but with no result. Accordingly this writ petition was filed.
(3.) In the counter-affidavit, the case of the respondents is that two persons were appointed as alleged by the petitioner. It is also admitted that Thakur Prasad retired on 31.8.1992 and Slta Ram Maurya was transferred to Oral on 14.10.1992 and Jagl Ram retired on 31.3.1993 but it is stated that in 1992, the Court of Munsif Magistrate. Mahraunl, Lalitpur was vacant, hence no appointment was given in view of Government policy and as the waiting list expired on 19.12.1992, the petitioner's claim for appointment became nonexistent. It has been denied that the waiting list is valid for three years. It is stated that in the order dated 19.12.1991 itself. It was ordered that the list will be effective only for one year and if the aforesaid persons were not given appointment within one year, their selection shall automatically stand cancelled. Accordingly, the waiting list stood cancelled on 19.12.1992 and the petitioner accordingly cannot claim appointment.;