On 31.3.2013 the following order was passed by this Court:
"Pursuant to the order dated 19.02.2013 the opposite party no.2 Sri Sri Krishna Tripathi, District Development Officer, Banda is present. Sri Pankaj Saxena, learned Standing Counsel has filed a short counter affidavit duly sworn by the opposite party no.2.
The crux of the short counter affidavit and the documents attached thereto shows that the opposite party no.2 has no role to play at present with regard to the compliance of the judgment of the Division Bench. According to him it is the Commissioner, Rural Development who has to take an appropriate action. Certain correspondences have been annexed in that regard.
On the other hand Sri Irshad Ali, learned counsel for the applicant referring to certain other documents on record has submitted that the Commissioner, Rural Development has issued necessary directions on 26.04.2013 directing the District Development Officer, Banda to decide the matter at his level. The fact remains that till date the judgment of the Division Bench has not been complied with.
In order to appreciate the controversy the order of the Division Bench dated 14.12.2012 is reproduced below-
"It is settled by the Apex Court that rules of the game cannot be changed after the game has started. It has been stated by the appellant that for the selection on the post of Junior Accounts Clerk neither in the rules nor in the advertisement there is any requirement of passing typing test. After recruitment process had started, in which the petitioner/appellant claims to have secured high marks, the requirement of passing typing test was introduced by way of departmental/administrative decision.
Having heard learned counsel for the appellant and learned State counsel in the light of the detailed order dated 30.11.2012, which was passed indicating the issue, this special appeal is allowed. We set aside the impugned order of learned Single Judge and direct that the selection/result will be declared independent of the typing test. The typing test will not be considered for declaration of result. The result will be declared within a month of the date on which the certified copy of this order is presented before the respondent no.1."
The compliance of the said judgment required the concerned authorities to declare the result of the concerned selections ignoring the type test taken by them. Admittedly three persons were selected in the concerned selection and they are said to be working, two at Banda and one in another district upon transfer. According to the learned counsel for the applicant the opposite party is deliberately not reviewing the result and declaring as per the judgment of the Division Bench in order to facilitate the working of the three selected persons. The applicant who was not selected on account of having failed in the type test is being unnecessarily harassed for almost 15 months.
Considering the facts and circumstances of the case the Court feels that it would be appropriate to call the Commissioner and the Principal Secretary, Rural Development to assist the Court in proceeding further in the matter instead of punishing an officer who apparently may not be having authority to comply with the judgment of the Division Bench.
It has also been stated at the Bar that that presently Sri Arun Singhal is the Principal Secretary, Rural Department, Government of U.P. and Sri Hera Lal Gupta is the Commissioner, Rural Development, Government of U.P.
Let both the said officers be impleaded as opposite parties nos.3 & 4. Since the Court is not drawing any contempt proceedings against them as such notices are not being issued against them. Sri Saxena, learned Standing Counsel shall communicate this order to both the said officers and obtain their instructions within ten days. Based on their instructions received on the next date the Court will proceed further in this matter.
List this case on 16.04.2014. On the said date the opposite party no.2 shall again remain present before this Court.
A copy of this order be provided to Sri Pankaj Saxena, learned Standing Counsel, free of costs, within 24 hours for necessary compliance."
Pursuant there to Sri Sri Krishna Tripathi, District Development Officer, Banda, who is present before the Court, has filed an affidavit of compliance in which it is stated that after the order dated 7.4.2014 passed by the Commissioner, Rural Development, U.P. Lucknow for declaring the result an appointment letter has been issued to the applicant on 10.4.2014 appointing him on the pose of Junior Accountant/Clerk. From the perusal of the affidavit it appears that only appointment letter has been issued to the applicant without declaring the result as directed by this Court. Therefore, Sri Sri Krishna Tripathi, District Development Officer, Banda is directed to file a further affidavit of compliance within two weeks.
List this case on 19th May, 2014. In case the result is declared Sri Sri Krishna Tripathi, District Development Officer, Banda need not to appear before the Court and in case the result is not declared he shall appear before the Court in person on the date fixed.
Order Date :- 16.4.2014 samz