O.P.Garg, J. - (1.) For departmental promotion to the post of Bench Secretary, Grade II, an Office Memorandum dated 24.11.1998 was Issued by this Court inviting applications up to 10.1.1999 from the Assistants of this Court who have put in not less than ten years' continuous service on 1.12.1998 in class HI cadre. Selection was to be held on the basis of the competitive examination and interview. All the eligible candidates who had applied for the said post, were to appear in the examination on 9.1.1999.
(2.) The petitioners, Satrughan Tripathi and Kamlakar Dwivedi, who were Lower Division Assistants applied for the aforesaid post. Their applications were not entertained as admittedly they had not completed ten years' continuous service in class III cadre. Consequently, they filed the present writ petition with the prayer that they shall be treated to have been appointed in the year 1988 and if their length of service is reckoned from 1988, they would be eligible to appear in the examination for the post of Bench Secretary Grade II.
(3.) In pursuance of the interim order dated 8.1.1999, the petitioners were allowed to appear in the examination, which was scheduled to be held on 9.1.1999. The interim order was hedged with the condition that the result of the examination shall not be declared till further orders, The petitioners did appear in the examination and now an application has been moved with the prayer that the respondents be directed to declare the result. Since the petitioners would swim or sink with the ultimate decision on this writ petition, on merits, and counter as well as the rejoinder-affidavit have been exchanged, it was urged that the writ petition itself be disposed of finally.;