The petition has preferred the instant petition with the following main prayer:-
"Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to issue an appointment letter in favour of the petitioners and to post them against the post of Collection Peon as they have already been selected and approval has already been granted by the District Magistrate and vide Government Order dated 22.01.2019, the petitioners had already been granted relaxation in age."
Learned counsel for the petitioners has submitted that the petitioners were eligible for appointment against the post of Collection Peon and therefore, their names were placed in the seniority list. It is submitted that vide order dated 16.04.2018 passed by respondent no.3/District Magistrate, Unnao, the petitioners were denied regular appointment on the ground that they have crossed the maximum age limit of 45 years.
It is further submitted that aggrieved by order dated 16.04.2018, the petitioners preferred Writ Petition No.16741 (SS) of 2018 (Rakesh Kumar and Ors. v. State of U.P. & Ors.), which was disposed of vide order dated 31.05.2018 in the light of judgment and order dated 28.05.2018 rendered in Writ Petition No.54923 of 2017 (Devki Nandan and 17 Ors. v. State of U.P. & Ors.), wherein the stand of the respondents for not granting relaxation has been struck down.
It is submitted that in pursuance of the judgment and order passed in Writ Petition No.16741 (SS) of 2018, the petitioners moved a representation before the authorities concerned but the same was not decided then the petitioner filed Contempt Petition No.3155 of 2018 wherein the State placed an order dated 09.04.2019 in which it was contended that the petitioners have been denied appointment on the ground that backward quota has already been filled up and since there is no vacancy available against the backward quota, therefore, they could not be appointed.
Learned counsel has submitted that as per Government Order dated 22.02.2019 only the candidates who have crossed 45 years of age, might be considered for regular appointment by way of giving age relaxation. However, three persons who were less than 45 years have been given regular appointment against the vacancies which were specifically allotted for the candidates who were more than 45 years of age after giving relaxation benefit as per Devki Nandan's case (supra).
Learned counsel has submitted that in view of the above, the petitioners are seeking regular appointment after giving age relaxation benefit. It is vehemently submitted that the petitioners are going to retire in the near future.
Per Contra, learned counsel for the State has vehemently opposed the submissions made by petitioner's counsel and submitted that at the time when the petitioners were considered for regular appointment, the vacancies under the quota in which the petitioners belong, were already filled up. Learned counsel has invited attention of the Court towards para - 7 of the counter affidavit dated 08.02.2021 and submitted that District Magistrate, Unnao vide letter dated 16.01.2020 had forwarded the recommendations of the Selection Committee dated 28.12.2019 to the State Government for consideration to grant relaxation in age, which is still pending before the State Government. It is also submitted that necessary action shall be taken as per the decision of the State.
At this stage, learned counsel for the petitioners has submitted that their grievances may be considered in the light and contentions made in counter affidavit, in particular para - 7, and the State may take a decision as early as possible.
I have heard learned counsel for the parties and perused the record.
Since the District Magistrate, Unnao has already forwarded the recommendations of the Selection Committee to the State Government and the matter is pending before the State Government, I am of the opinion that interest of justice would be met in case a direction is issued to the State Government to decide the matter at the earliest.
In view of the above, Respondent No.1/Principal Secretary, Revenue, Anubhag - 7, Civil Secretariat, Lucknow is directed to take a decision on the recommendation of the Selection Committee dated 28.12.2019, which is sent by District Magistrate, Unnao vide letter dated 16.01.2020 expeditiously, preferably within a period two months from the date of production of a certified copy of this order.
With the aforesaid direction, the instant petition is disposed of.
Order Date :- 19.2.2021 nishant/-