High Courts(2009) 01 AHC CK 0119

Ram Bahadur and others vs State of U.P.Through Chief Secretary, Gram Panchayat Raj, U.P., Lucknow and others

Allahabad High Court · Decided on 27 January 2009

HON’BLE JUDGES
Sunil Ambwani, J
RESULT
Allowed
CASE NUMBER
Civil Miscellaneous Writ Petition No. 53430 of 2008

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Judgment

7 paragraphs · 292 words

Sunil Ambwani, J.—Heard learned Counsel for the petitioners. Learned Standing Counsel appears for the respondents.

2.

By this writ petition, the petitioners have prayed for quashing the order dated 23.9.2008 of the District Magistrate, Mirzapur, by which the select list of ''Safai Karmis'' the Group''D'' posts in the district of Mirzapur were cancelled.

3.

An interim order was passed in this writ petition on 20.10.2008 to give appointment letter to the petitioners whose names find place in the select list. By the same order this Court had stayed the operation of the order of the District Magistrate. In a special appeal, the interim orders directing appointment to be given to the petitioner were stayed.

4.

The Court finally heard similar matters and has delivered the judgment on 23.1.2009 in Writ Petition No. 53313 of 2008, Ram Abhilash Maurya and others v. State of U.P. and others connected with other similar writ petitions. All the writ petitions after exchange of affidavits were allowed.

5.

The order of the District Magistrate, Mirzapur dated 23.9.2008 challenged in this writ petition was quashed and that the respondents were directed to give appointments to the petitioners in pursuance to select list dated 14.9.2008, published on 15.9.2008.

6.

The facts and circumstances and the reliefs claimed in this writ petition are the same. The matter is squarely covered by the judgment in Ram Abhilash Maurya''s case (supra).

7.

Consequently this writ petition is also allowed, on the same reasoning and on the same terms. The order of the District Magistrate, Mirzapur dated 23.9.2008 is set aside. The petitioner were included in the select list dated 14.9.2008 published on 15.9.2008. They shall be given appointments in accordance with their merit positions, and in accordance with the rules of reservation.