Court No. - 28
Case :- WRIT - A No. - 13077 of 2008 Petitioner :- Hem Kumar Verma Respondent :- State Of U.P. And Others Counsel for Petitioner :- Yogendra Kumar Srivastava Counsel for Respondent :- C.S.C.,Varun Dev Sharma
Hon'ble Ajay Bhanot,J.
During the pendency of the earlier writ petition being Writ Petition No.37140 of 2004, another advertisement was issued on 25.1.2008. The petitioner before this Court seeks quashing of the aforesaid advertisement dated 25.1.2008 published in Dainik Jagran by the respondent No.5 and 6 qua appointment on Class-III posts.
According to the petitioner, he is member of other backward caste and he was appointed after due selection on 15.3.1980 on Class-IV post. According to the petitioner, 20% of the Class-III vacancies are required to be filled by way of promotion.
He seeks quashing of the advertisement which has been issued for making direct recruitment on Class-III post. Reference is also made to the order passed by this Court in the case of Mahesh Chand Nagar vs. State of U.P. and others (Writ-A No.30885 of 2008 decided on 11.5.2011).
The present writ petition is also disposed of on the same terms and with same directions as provided in the case of Mahesh Chand Nagar (supra) permitting the petitioner to raise his grievance before the Regional Higher Education Officer at the first instance.
The Regional Higher Education Officer shall take a decision in the matter within a period of one month from the date of receipt of a certified copy of this order along with a copy of the representation asserting the nature of the entitlement and the provisions of the law.
It is submitted that the petitioner shall superannuate from service on 31.10.2018. In case the claim of the petitioner is not decided, the petitioner shall suffer irreparable loss and will have to face a prospect litigation after his retirement.
Order Date :- 23.8.2018 Ashish Tripathi