- (1.) Supplementary affidavit filed today on behalf of respondent, is taken on record.
(2.) Heard Shri H.N. Singh, learned Senior Counsel assisted by Shri A.K. Trivedi on behalf of the appellants, Shri J.K. Tiwari on behalf of respondent nos.1 to 6 and Ms. Subhash Rathi, learned Additional Chief Standing Counsel for respondent no.7.
(3.) The present Larger Bench is constituted under the order of Hon'ble the Chief Justice in pursuance of the following questions referred by a Division Bench of this Court, vide order dated 28.9.2017, passed in Special Appeal No.219 of 2015 and Special Appeal (Defective) No.31 of 2003 :- 1. "Whether the judgment of learned Single Judge passed in Rajendra Prasad Singh's case, which has been affirmed by the Division Bench in Special Appeal No.1211 of 2009, is correct or not. 2. Whether in absence of any post in the establishment/department in question, the appointment can be sustained or not. 3. Whether in the absence of post directives can be issued for ensuring payment of salary." ;