- (1.) The controversy in this petition and in the accompanying writ petition No. 6930 of 1988 centres round the life of the waiting list prepared some time in July, 1986 by the Director of Local Bodies for the purposes of appointing Pipe Line Inspectors on ad-hoc and temporary officiating basis Hence the petitions can be conveniently disposed of by a common judgment. In this petition a counter-affidavit has been filed on behalf of State of U.P. A rejoinder-affidavit too has been filed. Learned counsel for the petitioner as well as the State Government are agreed that the stand taken by the State Government in this petition cannot be different from one to be taken in Writ Petition No. 6930 of 1988. Therefore, the Standing Counsel has conceded that the counter affidavit filed in this petition may be taken into account while disposing of the accompanying petition. We have heard the learned counsel in both the petitions. Though these petitions have not been formally admitted, yet, with the consent of the learned counsel for the parties we are proceeding to dispose of these petitions finally.
(2.) On 25-2-1985 an advertisement was Issued by the Director of Local Bodies inviting applications for the appointment of pipe Line Inspectors on ad-hoc and temporary basis. This must have been done pursuant to rule 31 of U.P. Palika (Centralised) Service Rules, 1966. The advertisement made it clear that the appointments were to tenure till regular appointments were made by the Public Service Commission. On 15-1-1986, interviews were held. Some time in July, 1986 a waiting list of 199 persons was prepared, Out of this waiting list 67 persons have been given temporary appointment. It appears that the Director of Local Bodies on 11-11-1987 sent a communication to the Secretary in the Government of Uttar Pradesh with the requisite that as had been the practice in the past life of the waiting list may be extended by three years. This request was turned down by the Special Secretary by his communication dated 28-11-1987. The Special Secretary took the stand that the life of the waiting list having expired it could not be extended. This decision of the Special Secretary as contained in the said communication is impugned in this petition.
(3.) During the pendency of this petition, on 26-3-1988, a second advertisement was issued by the Director inviting applications for the appointment of pipe Line Inspectors on ad hoc and officiating basis. In Writ Petition No. 6930 of 1988 this advertisement is being impugned.;