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16. The grievance of the petitioners is that though the selection process for appointment to the post of Lekhpal commenced with the publication of notification in the years 1999 & 2000, but because of the apathetic and lackadaisical approach of respondents, the inordinate delay of more than five years had occurred in completing the selection process which was concluded after 01.04.2005 causing serious prejudice to the petitioners as they have been placed under the New Pension Scheme whereas if the selection process had been concluded expeditiously within a reasonable time, the petitioners would have been placed under the Old Pension Scheme. Therefore, petitioners can not be penalised for the inaction on the part of respondents in taking the exorbitant time of more than five years to conclude the selection by placing them under the New Pension Scheme rather they are entitled to be placed under the Old Pension Scheme.

48. The argument of Sri Ashok Khare, learned Senior Counsel appearing for the petitioners mainly hinges upon the fact that once the selection process had started in the year 1999-2000 by publishing the advertisement inviting applications for the specified number of posts for appointment on Lekhpal, the delay of about six years in completing the selection process and appointing the petitioners with inordinate delay was not on account of any fault of the petitioners, but was solely on account of lethargic and inactive approach of the State Government for which the petitioners shall not be penalised and they cannot be denied the benefit of Old Pension Scheme for the fault of the respondents.

110. As noted above, under the scheme of the U.P. Manual for admission, a time frame has been provided to complete the selection process and after that, all the candidates who have successfully completed the Lekhpal Training and have obtained Lekhpal Training Certificate shall be appointed as per Rules 5 to 7 of Rules 1958 on the post advertised.

111. The process of selection in the case in hand commenced in the year 1999-2000 and the selection process was completed in the year 2001. The Board vide letter dated 03.12.2001 scheduled the training programme. However, the petitioners could not go for training as scheduled because of the stay order passed by the Apex Court in Writ Petition (C) No.488 of 2001. Later on, the writ petition before the Apex Court was dismissed as infructuous. Thereafter, the State Government issued the Government Order dated 12.04.2003 for finalising the selection process. In consequence thereof, the Commissioner and the Secretary, Board of Revenue issued a Circular dated 01.05.2003 providing for the completion of the admission process of the petitioners by 22.05.2003. So, the term of petitioners may commence on the 1st of July and end with the examination in May following as per Rule 221 of the U.P. Manual.

115. The inordinate delay in concluding the selection process cannot be attributed to the petitioners. Because of inordinate delay in completing the selection process, petitioners cannot be put to disadvantage or cannot be made liable to suffer and denied the benefit of the old pension to which they were entitled under Rule 30 of Rules, 1958 if the session of Lekhpal training school would have been completed as per Rules 220 & 221 of U.P. Manual and result of the petitioners had been declared as per Rule 223(vi) of U.P. Manual.