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2025 DAILYLAW 157930 (ALL)

PRAVEEN KUMAR AND 33 OTHERS v. U.O.I. THRU. ITS SECY. MINISTRY OF RAILWAY NEW DELHI AND 3 OTHERS

WRIA/9501/2025 · 2025-08-27

Manish Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 9501 of 2025 Court No. - 8 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioner and Mr. S. B. Pandey, learned Deputy Solicitor General of India assisted by Mr. Varun Pandey, learned counsel for opposite parties. 2. Present petition under Article 226 of Constitution of India has been filed seeking direction to authority concerned for appointment of petitioners on the vacant post of Telephone Attendant-cum- Dak Khalasi. 3. Learned counsel for the opposite parties has raised a preliminary objection regarding maintainability of this petition in view of fact that petitioners have not disclosed any aspect as to whether they were ever selected on the said post. 4. Learned counsel for petitioners in response thereto admits that there was no recruitment on the said post on which petitioners have ever been selected. It is however, submitted that opposite parties instead of making substantive recruitment on the said post, are filling them up by pick and choose method on an ad hoc basis, which is against the Rules. 5. In view of aforesaid facts and circumstances, it is evident that prayer for appointment on aforesaid post cannot be granted to petitioners since they have not been selected at all. 6. However, in view of submissions, it is directed that in case there is any vacancy on the said post, they shall be filled up by recruitment only as per Rules by making advertisement and following the procedure instead of making any ad hoc or casual appointment on Versus Counsel for Petitioner(s) : Ravi Shankar Mishra, Nooruddin Khan` Counsel for Respondent(s) : A.S.G.I. Praveen Kumar And 33 Others .....Petitioner(s) U.O.I. Thru. Its Secy. Ministry Of Railway New Delhi And 3 Others .....Respondent(s) the said post. 7. With aforesaid direction, the petition stands finally disposed of. August 27, 2025 kvg/- WRIA No. 9501 of 2025 2 (Manish Mathur,J.) Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench