Heard learned counsel for the petitioner and Sri Sameer Sharma, learned counsel for respondents 1 and 2.
The petitioner is said to have appeared in the selection for recruitment of Class III employees in the judgeship of Lakhirpur Khiri held on 23.2.1992. A select list dated 29.10.1992 is said to have been prepared wherein the name of the petitioner was at S.No. 15. As petitioner was not appointed, he filed this writ petition in the year 1997, seeking a writ of mandamus directing the respondents to appoint him on Class III post and also to treat the select list dated 29.10.1992 as valid till it is exhausted.
During pendency of the writ petition, it came to the knowledge of the petitioner that one Sri Arvind Kumar Jain who was placed at S.No. 16 in the aforesaid list has been appointed in the year 1999 along with four other persons, accordingly, he moved an application for his impleadment and also filed a supplementary affidavit bringing the aforesaid fact on record. The impleadment application was allowed.
A counter affidavit has been filed herein stating that the life of the select list as per the provisions contained in Rule 15 Sub Rule 3 of the Service Rule 1947 being only one year, the said select list ceased to be operative on 28.10.1993.
Noticeswere issued to respondent no. 3, Arvind Kumar Jain which was received back undelivered.
Respondent no. 1 and 2 have not filed any reply to the supplementary affidavit filed by the petitioner wherein the factum of appointment of respondent no. 3 and four other persons from the same select list has been averred.
So far as relief no. 2 is concerned, in view of the statutory provision contained in the Service Rules, 1947, the same cannot be granted.
The only issue which remains to be considered is as to whether any person placed below the petitioner in the merit/select list has been appointed?
Let the respondents file a reply to the aforesaid supplementary affidavit, a copy of which shall be supplied by the petitioner to Sri Sameer Sharma within three days. The reply may be filed two weeks thereafter.
List this case on 25.11.2014.
Order Date :- 7.11.2014 M.A.A.