Allahabad High Court
Kundan Singh vs State Of U.P. & Others on 14 March, 2012
Author: Dilip Gupta
Bench: Dilip Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- WRIT - A No. - 12519 of 2012 Petitioner :- Kundan Singh Respondent :- State Of U.P. & Others Petitioner Counsel :- Ram Kumar Nigam Respondent Counsel :- C.S.C. Hon'ble Dilip Gupta,J.
The petitioner had earlier filed Writ Petition No.43607 of 2010 which was disposed of 28th July, 2010 with the following directions:-
"Heard leaned counsel for the petitioners and learned Standing Counsel.
Petitioners on the basis of the Constitution of the Selection Committee and after taking Driving test were appointed on the post of driver in 2007. Now according to the petitioners, the respondents are going to hold regular selection for the post of Driver. But the petitioners have not been permitted to appear and they have been orally informed that their claim will not be considered.
I have considered the submission of the petitioners and perused the record. As the petitioners were appointed on contract basis in the year 2007 as a Driver. Now if regular section is going to be held by the respondents, in my opinion they can be considered according to their experience and according to their merits.
In such circumstances, if the petitioners make an application in a proper manner before the respondents, their claim may be considered according to law on merits amongst the other candidates, who made an application on the basis of advertisement made therein.
The writ petition is disposed of accordingly.
No order as to costs.
In the meantime, it is provided that no contract drivers be appointed."
The records of the writ petition indicate that the petitioner thereafter filed Contempt Petition No.1217 of 2011 which was disposed of on 4th March, 2011 with a direction to the opposite parties to comply with the directions issued by the Court.
The petitioner brought this fact to the notice of the Joint Secretary, Government of U.P., Lucknow who issued directions to the Chief Medical Officer, Jhansi on 12th May, 2011 to ensure compliance of the order passed by the Writ Court as well as by the Contempt Court.
What transpires from the records is that the Chief Medical Officer, Jhansi then sent a letter dated 29th July, 2011 to the Additional Director (Transport) Medical and Health Services, U.P. Lucknow requiring him to give regular appointments to the five contractual drivers including the petitioner, pursuant to the directions issued in the Contempt Petition and the directions contained in the communication dated 12th May, 2011 of the Joint Secretary so that the orders of the High Court can be complied with.
The Chief Medical Officer, Jhansi, who sent the letter dated 29th July, 2011, shall file his personal affidavit in this Court to explain why the regular appointments were required to be given pursuant to the directions issued in Writ Petition No.43607 of 2010, decided on 28th July, 2010. Such affidavit shall be filed within three weeks.
Learned Standing Counsel appearing for the respondents shall inform the concerned Chief Medical Officer about the order passed today. Learned Standing Counsel shall also seek instructions in the matter by the next date.
List this petition on 9th April, 2012.
Order Date :- 14.3.2012 SK