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Superintending Engineer, 5th Circle, Irrigation Work & Ors. v. Mahendra Pal - SPECIAL APPEAL DEFECTIVE No. - 765 of 2007  RD-AH 15365 (11 September 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
CIVIL APPELLATE JURISDICTION
Special Appeal (Defective) No. 765 of 2007
Superintending Engineering and others
Counsel for the appellants: Mr. Suresh Singh, Standing Counsel
Counsel for the respondent: Mr. P.S. Baghel
Hon'ble H.L. Gokhale,CJ
Hon'ble Anjani Kumar,J
Date: September 11, 2007
Oral Judgment (Per:H.L.Gokhale,CJ)
1. Heard Mr. Suresh Singh, learned Standing Counsel in support of this appeal.
2. The appeal seeks to challenge the order passed by the learned Single Judge whereby his Lordship has allowed the petition filed by the respondent herein.
3. The case of the respondent was limited one. He had applied for the post of Seenchpal (clerk incharge of collection of irrigation charges). All that the petitioner prayed was that the result of the selection be declared. The respondents have relied upon a document which is in the nature of a letter from the Chief Engineer dated 3.5.2005. It is contended that this letter records a ban on filling anymore posts.
4. We have gone through the aforesaid letter and in our view, the letter speaks about the ban with respect to the General Category and Other Backward Class. The letter does not dispute, in fact, the factual position of there being a backlog of Scheduled Castes and Scheduled Tribes. The petitioner belongs to a scheduled caste candidate. All that he has prayed is that the result of the selection be declared. According to the learned Single Judge, there was no such ban. In our view, he was right in his view. The appeal is dismissed.
RK/ (Anjani Kumar,J) (Chief Justice)
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