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Supreme Court of India
The State Of Uttar Pradesh Through … vs Chunni Lal on 23 November, 2021Author: M.R. Shah

Bench: M.R. Shah, Sanjiv Khanna

REPORTABLE

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 6945 OF 2021

State of U.P. …Appellant(s)

Versus

Chunni Lal & Ors. …Respondent(s)

JUDGMENT

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment

and order dated 16.07.2014 passed by the High Court of Judicature at

Allahabad (Lucknow Bench) in Writ Petition No.1181(S/B) of 1996, the

State of U.P. has preferred the present appeal.

2. The selection process for 35 posts of Deputy Collector was

initiated by the U.P. Public Service Commission. A Combined State

Service Examination was held in the year 1985. In the year 1987, the

Public Service Commission sent the requisition for appointment of
Signature Not Verified

selected candidates on the post of Deputy Collector. Two candidates
Digitally signed by
NEETU KHAJURIA
Date: 2021.11.23
17:17:36 IST
Reason:

namely, Shri Ram Subhag Singh (General Category candidate) and Shri

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Ramesh Kumar Yadav (OBC category candidate) did not join their post.

Therefore, two posts of Deputy Collectors remained vacant. The Public

Service Commission sent the names of two other candidates namely

Shri Digvijay Singh and Chunni Lal (original writ petitioners) for the

appointment on the post of Deputy Collector. On the basis of the

aforesaid recommendation by the Commission, the State Government

issued letter on 24.04.1989 to the Director General, Medical and Health

Services, Lucknow for medical examination of the aforesaid two

persons. In the meanwhile, private respondent herein Ajay Shankar

Pandey approached the High Court by filing Writ Petition No.22966 of

1988. The Division Bench of the High Court vide judgment and order

dated 09.05.1989 allowed the said writ petition and directed the Public

Service Commission to recommend the name of the private respondent

herein – Ajay Shankar Pandey.

2.1 In compliance of the judgment and order dated 09.05.1989, the

Commission vide letter dated 24.06.1989 withdrew the recommendation

made in favour of the original writ petitioner – Chunni Lal. That against

the judgment and order dated 09.05.1989, the State approached this

Court by filing special leave to appeal, which came to be disposed of by

this Court.

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2.2 Thereafter the respondent No.1 herein – Chunni Lal filed a writ

petition before the High Court against continuance of Ajay Shankar

Pandey. He also preferred a representation. The Division Bench of the

High Court vide order dated 08.11.1996 directed the State/Public

Service Commission to dispose of the representation. The said

representation was considered by the State and the State rejected the

same vide order dated 13.12.1996. The original writ petitioner – Chunni

Lal amended the writ petition and challenged the order dated 13.12.1996

rejecting his representation. By the impugned judgment and order, the

High Court has quashed and set aside the order dated 13.12.1996

rejecting the representation of the respondent No.1 herein and has

directed the State to re-consider the matter of the respondent No.1

herein – original writ petitioner for appointment to the post of Deputy

Collector considering the subsequent recommendation made by the

Public Service Commission in favour of the original writ petitioner.

However, the High Court clarified that the appointment of the respondent

No.2 herein – Ajay Shankar Pandey shall not be disturbed in any

manner.

2.3 Feeling aggrieved and dissatisfied with the impugned judgment

and order passed by the High Court, the State has preferred the present

appeal.

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3. That by order dated 30.10.2014, the impugned judgment and

order passed by the High Court has been stayed, which has been

continued till date. Meaning thereby, the respondent No.1 herein –

original writ petitioner is not appointed to the post of Deputy Collector

pursuant to the impugned judgment and order passed by the High Court.

4. Though served nobody has appeared on behalf of respondent

No.1 – original writ petitioner.

5. Today when the present appeal is taken up for further hearing,

learned counsel appearing on behalf of the State as well as learned

counsel appearing on behalf of respondent No.2 – Ajay Shankar Pandey

have stated at the Bar that during the pendency of the present

proceedings, respondent No.1 herein – original writ petitioner has retired

in the post of Deputy Transport Commissioner on 31.08.2019 on

attaining the age of superannuation. It is therefore submitted that now

the impugned judgment and order passed by the High Court is not

capable of being implemented as there is no purpose of now appointing

respondent No.1 to the post of Deputy Collector. Even otherwise on

merits also, we are of the opinion that the impugned judgment and order

passed by the High Court is unsustainable. The High Court ought not to

have or could not have passed an order directing the State to appoint

two persons to the single post of Deputy Collector, more particularly,
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when on the post of Deputy Collector, respondent No.2 – Ajay Shankar

Pandey was appointed / or was required to be appointed pursuant to the

order passed by the High court in Writ Petition No. 22966 of 1988 dated

09.05.1989.

6. At this stage, it is required to be noted that while rejecting the

representation, it was specifically observed that the original writ

petitioner cannot be appointed as on the post of Deputy Collector on

which he is claiming the appointment as Ajay Shankar Pandey has been

appointed pursuant to the order passed by the High Court and that there

is no vacant post and even no supernumerary post can be created.

Despite the above, the High Court has directed the State to appoint the

respondent No.1 – original writ petitioner solely on the basis of some

subsequent recommendation by the Public Service Commission. Even

the observation made by the High Court that the original writ petitioner

be appointed without disturbing the appointment of Ajay Shankar

Pandey cannot be sustained. This is because two persons cannot be

directed to be appointed to a single post. Therefore, the impugned

judgment and order passed by the High Court deserves to be quashed

and set aside.

7. We have noted the submission on behalf of State and the

respondent No.2 – Ajay Shankar Pandey that during the pendency of the
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present proceedings, respondent No.1 has retired in the post of Deputy

Transport Commissioner on 31.08.2019 on attaining the age of

superannuation and therefore also the impugned judgment and order

passed by the High Court is not capable of being implemented.

8. In view of the above and for the reasons stated above, the present

appeal succeeds. The impugned judgment and order passed by the

High Court dated 16.07.2014 passed in Writ Petition No.1181 (S/B) of

1996 is hereby quashed and set aside. However, there shall be no order

as to costs.

………………………………….J. [M.R. SHAH]

NEW DELHI; ………………………………….J.
NOVEMBER 23, 2021. [B.V. NAGARATHNA]

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