Allahabad High Court
Mohd. Akram Siddeeque And 19 Others vs State Of U.P. And 2 Others on 25 February, 2020
Author: Saral Srivastava
Bench: Saral Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 55 Case :- WRIT - A No. - 20955 of 2018 Petitioner :- Mohd. Akram Siddeeque And 19 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Siddharth Khare,Ashok Khare, Sr. Advocate Counsel for Respondent :- C.S.C.,M.N. Singh Hon'ble Saral Srivastava,J.
Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Siddharth Khare, learned counsel for the petitioners, learned Standing Counsel for respondent Nos. 1 & 2 and Sri M.N. Singh, learned counsel for the respondent no.3.
The petitioner in the present writ petition has come up with following prayer:-
"(i) Issue a writ, order or direction of suitable nature commanding the respondents to forthwith fill up all the unfilled vacancies of Assistant Prosecution Officer covered by the Advertisement No.A-2/E-1/2015 dated 29.04.2015 on account of non joining of selected candidates by utilizing remaining select list/waiting list within a period to be specified by this Hon'ble Court.
(ii) A writ, order or direction of suitable nature commanding the respondents to forthwith grant appointment to the petitioners as Assistant Prosecution Officers against the unfilled vacancies remaining vacant under Advertisement No.A-2/E-1/2015 dated 29.4.2015 within a period to be specified by this Hon'ble Court."
It has been contended by Sri Ashok Khare, Senior Counsel that the controversy in hand is squarely covered by the judgement of this Court in the case of Atul Tiwari and others Vs. State of U.P. and others (Service Single No.25178 of 2018) wherein this Court has directed the competent authority not to reject the claim of the petitioners for appointment as Assistant Prosecution Officer on the ground that waiting list has expired. Relevant portion of judgement of this Court in Atul Tiwari (supra) is extracted herein-below:-
"...
Considering the aforesaid submissions of learned counsel for the parties, I hereby dispose of this writ petition finally directing the Competent Authority to accommodate the petitioners, who are 11 in numbers, against the vacant posts and the opposite parties shall not take the stand that the wait list has come to an end after expiry of one year period as the same has been protected by the interim order dated 28.09.2018 of this Court.
The petitioners shall produce the certified copy of this order before the Competent Authority along with their joint representation within a period of one week and the appropriate decision shall be taken by the Competent Authority within a period of one month thereafter.
It is made clear that while passing the appropriate order, the Competent Authority shall follow the rules, regulations and the relevant government orders or circulars applicable to that effect, strictly in accordance with law."
Since nothing has been brought on record that the judgement of this Court inthe case of Atul Tiwari (supra) has been set aside or assailed in appeal and it has not been disputed by learned counsel for the respondents that the dispute involved in the present case is identical to the case of Atul Tiwari (supra), therefore, the present writ petition is disposed of in terms of the judgement of this Court inAtul Tiwari (supra). The competent authority shall take appropriate decision within a period of two months from the date of production of certified copy of the order.
The writ petition is disposed of subject to observation made above with no order as to costs.
Order Date :- 25.2.2020 S.Sharma