SANJAY MISRA, J. - (1.) HEARD Sri Parwaz Uloom (the petitioner) in person. On an earlier occasion, the petitioner had taken a stand that he is not seeking employment under the State but he wishes to argue the matter as a public interest litigation. Such submission is recorded in the order dated 23.04.2008 (order sheet). However, today he states that he shall address the court on the reliefs claimed in this writ petition and not as a public interest litigation.
(2.) BY means of this writ petition he seeks quashing of the order dated 15.04.1995 (annexure 12 to the writ petition) passed by the Deputy Director of Consolidation, Allahabad and further a direction in the nature of mandamus to appoint the petitioner on the post of Urdu Translator in pursuance of the merit list dated 18.02.1995 as also upon the recommendation of the Commissioner, Allahabad Division, Allahabad and make payment of salary to the petitioner by maintaining his seniority in accordance with the merit list. The petitioner who has appeared in person has referred to a letter (annexure 3 to the writ petition) dated 28.02.1995 which has been written by the Commissioner, Allahabad Division, Allahabad requiring the Deputy Director of Consolidation, Allahabad to issue appointment letter to the petitioner in his office as an Urdu Translator after verifying his character certificate, education qualification and other necessary requirements. He has stated that the Commissioner, Allahabad Division, Allahabad has clearly recorded in his letter dated 28.02.1995 that a post of Urdu Translator has been created and approved in the office of the Deputy Director of Consolidation, Allahabad and in case such post exists or there is a vacancy on another equivalent post, it must be filled by the selected persons as Urdu Translators. He has referred to various government orders filed as annexures to the writ petition to demonstrate that in each of the departments of the State including in the department of the Deputy Director of Consolidation, Allahabad, posts of Urdu Translator had been created and sanctioned and therefore, when the Deputy Director of Consolidation, Allahabad by his letter dated 15.04.1995 (annexure 12 to the writ petition) has refused to give appointment to the petitioner on the ground that there is no post of Urdu Translator or Junior Clerk in his office, he has committed an illegality and hence such order dated 15.04.1995 passed by the Deputy Director of Consolidation, Allahabad requires to be set aside.
(3.) THE other submission of the petitioner is based upon an amendment application filed by him wherein he has stated that he was given appointment on temporary post as an Urdu Translator in the Trade Tax Department on 26.12.1995, however, it was subsequently terminated on 12.04.1996. The order dated 12.04.1996 is available as annexure 9 to the amendment application which indicates that the engagement of the petitioner was terminated by virtue of an order passed in a writ petition no. 272 (SS) of 1995 Manish Kumar Srivastava vs. State of U.P. and others. According to the petitioner who has appeared in person, the aforesaid writ petition has been dismissed in default.;