1. Heard learned counsels for petitioners and learned Standing Counsel for the State.
2. Present writ petition is filed by the petitioners for the following principal reliefs:-
(i) issue a writ, order or direction in the nature of MANDAMUS thereby commanding and directing the Opposite Party 1/the Principal Secretary, Home (Police) Anubhag-8 thereby directing to accept the recommendations made by the Deputy Inspector General of Police (Karmik), Director General of Police Headquarter, U.P., Lucknow for allocation of posts out of the vacancies occurred in respective selection year 2017-18, 2018-19 against 5% quota fixed for the post of II Fire Officer in ration to 442 posts allocated to the post of Sub-Inspector Civil Police.
(ii) issue a writ, order or direction in the nature of MANDAMUS thereby commanding and restraining the Opposite party no.5/Chairman, the U.P., Police Recruitment and Promotion Board, U.P., Lucknow not to declare the result of the written examination held on 14.07.2019 unless and until the posts for the year 2017-18 and 2018-19 is not allocated by the Opposite Party no.1/the State Government for the post of II Fire Officer in the U.P. Fire Service Department.
3. It is stated by learned counsel for petitioners that recommendations are already made to respondent no.1 and are pending for his decision since 12.06.2019 (Annexure no.4). It is further stated that petitioner no.2 is already granted appointment in harness by respondent no.1 and with regard to rest of the petitioners, decision is not taken as yet.
4. Despite repeatedly time being granted, learned Standing Counsel submits that no instructions are received by him till date.
5. Learned counsel for the petitioner places reliance upon Rule-4 and comments under the same of Uttar Pradesh Agnishaman Seva Adhinastha Adhikari/Karmchari Seva Niymawali, 2016. He has also placed before this Court the interim order dated 06.08.2019 passed by this Court requiring that in case final result of the selection in question is declared, four posts shall be kept reserved. Learned counsel for petitioner states that result has been declared, however, appointment on the same are not made as yet.
6. Learned counsel for petitioner further submits that grievance of the petitioners would be sufficiently met in case respondent no.1 takes a decision on the recommendations, already made, in a time bound manner.
7. Looking into the aforesaid facts and circumstances of the case, respondent no.1 Principal Secretary, Home (Police), Anubhag-8, Civil Secretariat, Lucknow is directed to take a final decision upon the recommendations already made to it with regard to appointment of the petitioners in accordance with law, within a period of one month from the date a certified copy of this order is placed before it.
8. Till final decision is taken on the recommendations, four posts shall be kept reserved, as per the interim order passed by this Court.
9. With the aforesaid, present writ petition is disposed of.
Order Date :- 30.9.2019 Arti/-
(Vivek Chaudhary, J.)