Abdul Moin, J. - (1.) Heard learned counsel for the petitioners, learned Standing Counsel appearing for respondent No.1 and Sri Gaurav Mehrotra, learned counsel appearing for respondents No.2 and 3.
(2.) By means of the present petition, the petitioners haveprayed for the following reliefs:- (a)to issue a writ, order or direction in the nature of Certiorari thereby quashed the impugned order dated 24.01.2014 and 22.07.2000 passed by opposite party no.-3 contained as annexure No.-1 & 2 to this writ petition. (b)to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to appoint the petitioners on the vacant class IV post existing in the judgeship of Balrampur in accordance with the waitlist dated 14.11.1998. (c)to issue any other appropriate writ, order or direction as this Hon'ble Court deem fit and proper in the nature and circumstances of the case. (d)to allow this writ petition in favour of the petitioners with cost."
(3.) The case set forth by the petitioners is that in the year 1998 an advertisement was published inviting applications for appointment on 21 Class IV posts in the Judgeship of Balrampur. In pursuance of the advertisement, the petitioners applied. A written test was held on 28.09.1998 and 29.09.1998. The petitioners claim to have been declared qualified in the said examination as per the result declared on 14.11.1998. A select list was issued containing the names of 49 persons, from which 21 persons were given appointment and a waiting list was prepared and issued by the respondents in which the name of the petitioners find place at Serial No.26, 32, 34 and 40. A copy of the select list and waiting list has been filed as Annexure-3 to the petition. It is contended that after the 21 vacancies as notified, were filled in, 22 other vacancies arose as 14 persons who were sent on deputation/transfer from Gonda to Balrampur had been repatriated to Gonda. It is also contended that 3 or 4 other posts fell vacant later. The petitioners finding their place in the waiting list, thus, staked their claim for appointment from the waiting list on the ground that subsequent to the 21 vacancies which were advertised having been filled in, further vacancies, as indicated above also arose, consequently they should be appointed. When they were not appointed, the petitioners preferred Writ Petition (S/S) No.7093 of 2000 which was decided on 9.11.2001 with a direction that if the life of the select list is three years and the appointments have not been made deliberately in spite of the existence of vacancies in Class-IV post, the select list shall not come to an end and the same will be made effective till the fulfillment of all the vacancies existing prior to the end of the life of the select list or till the select list is completely exhausted. A copy of the said judgment and order has been filed as Annexure-4 to the petition.;