STATE OF U.P. AND OTHERS Vs. NEERAJ SHUKLA AND OTHERS
LAWS(ALL)-2009-5-977
HIGH COURT OF ALLAHABAD (AT: LUCKNOW)
Decided on May 18,2009

State of U.P. and others Appellant
VERSUS
Neeraj Shukla Respondents

JUDGEMENT

C.K. Prasad, C.J. and P.C. Verma, J. - (1.) APPELLANTS -respondents, aggrieved by the orders dated 23.9.2008 and 30.9.2008 passed by a learned Single Judge in writ petition No. 6022 (S/S) of 2008, have preferred this appeal under Rule 5 of Chapter VIII of the Allahabad High Court Rules. The short facts giving rise to the present appeal are that the petitioners -respondents were candidates for recruitment to the post of 1387 Safai Karmi. Being satisfied that the selection process was not in accordance with law, the State Government decided to hold an inquiry in respect of the selection by an order dated 15.9.2008 and the said inquiry was entrusted to the Divisional Commissioner.
(2.) THE writ petitioners -respondents approached this Court and prayed for quashing of the order dated 15.9.2008, whereby the inquiry was entrusted to the Divisional Commissioner. The learned Single Judge by an interim order dated 23.9.2008 stayed the operation of the order dated 15.9.2008 and also directed to issue appointment letters to the persons whose names find place in the select list with a further direction to allow them to assume the charge.
(3.) RELEVANT portion of the interim order dated 23.9.2008 of the learned Single Judge reads as follows: The operation and implementation of the impugned order dated 15.9.2008 shall remain stayed. In case appointment letters have not been issued to the petitioners, whose names find place in the select list, same shall be issued and the petitioners shall be allowed to assume charge and discharge their duties. However, it is provided that their appointment and continuance in service shall be subject to the further orders of this Court.;


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