Court No. - 34
Case :- WRIT - A No. - 46881 of 2004 Petitioner :- Prabhat Kumar Malviya And Another Respondent :- State Of U.P. & Others Counsel for Petitioner :- A.P. Srivastava,V.K. Srivastava Counsel for Respondent :- C.S.C.,Ashok Kumar Ray,D.K. Mishra
Hon'ble Sudhir Agarwal,J.
1. Heard learned counsel for petitioners and perused the record.
2. Appointment of Respondents-3, 4 and 5 on Class-III post has been challenged but the impugned order dated dated 17.10.2004 shows that it has been passed pursuant to an order passed by this Court in Writ Petition No. 6327 of 1995. In this view of the matter, petitioners have remedy to move appropriate application in aforesaid writ petition and not to file fresh writ petition challenging order passed pursuant to order passed in aforesaid writ petition.
3. Admittedly, petitioners have not been selected for Class-III for which procedure is prescribed under the Rules. Hence no mandamus can be issued to promote petitioners on Class-III post.
4. With aforesaid observation writ petition is dismissed. Interim order, if any, stands vacated.
Order Date :- 21.12.2018 AK