SUDHIR AGARWAL,J. - (1.) HEARD learned counsel for the parties and perused the record.
(2.) THE petitioner has filed this writ petition under Article 226 of the Constitution of India seeking following reliefs: "(i) issue a writ, order or direction in the nature of certiorari to quash the order dated 26.5.1998 passed by respondent No. 1 as contained in Annexure 5 to the writ petition. (ii) issue a writ, order or direction in the nature of mandamus commanding respondents to appoint the petitioner on the post of Village Development Officer, in accordance with the provisions contained under the Uttar Pradesh Gram Sewak Sewa Niyamawali, 1980. (iii) issue any other and further writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. (iv) award the costs to the petitioner." The case of the petitioner as set out in the writ petition is that a number of posts of Village Development Officer (hereinafter referred to as the "VDO") were advertised by the respondents liable to be filled in accordance with U.P. Rural Development (Gram Sewaks) Service Rules, 1980 (hereinafter referred to as the "Rules, 1980"). The said vacancies were notified District wise in the year 1993. For District Farrukhabad, twelve vacancies were advertised which included reserve vacancies, i.e., two for scheduled castes, two for other backward class and one each for dependent of freedom fighters and ex-serviceman leaving six vacancies available for general candidates. It is alleged that a written test followed by interview was held at the district level and in the merit list prepared the petitioner stood at serial No. 3 in the general candidates list. It is said that the petitioner requested the authorities to make him available the copy of the select list but the respondents did not make him available the said select list. Since the petitioner despite of his alleged selection was not sent for training, he filed Writ Petition No. 22058 of 1995 wherein an interim order was passed on 16.8.1995 directing the respondents to sent him for training of VDO but not to issue appointment letter. The interim order is reproduced as under: "In the meanwhile considering the fact that the petitioner has been selected by the District Selection Committee and further the ratio of the decision of this Court in Civil Misc. Writ Petition No. 1932/1994 as well as the facts and circumstances brought on record, it is directed that his name be sent for the purpose of training for appointment on the post of Village Development Officer but the appointment letter, shall however be not issued to him until further order."
(3.) THE writ petition was finally disposed of on 5.1.1998 with the following directions in the operative part: "The present case is clearly comes within the purview of the said decision. Accordingly, this writ petition is allowed. If the petitioner has undergone the requisite training in compliance of the interim order passed by this Court and has successfully completed the same, the respondents shall consider his case for appointment on the post of Village Development Officer in accordance with the provisions of Rule 16 of the Rules if there exists any vacancy for giving appointment, within 3 months from the date of production of the certified copy of this judgment. In the circumstances, no order as to costs is made." ;