Court No. - 7
Case :- WRIT - A No. - 34315 of 2001 Petitioner :- Rajeshwar Prasad Yadav Respondent :- State Of U.P. And Others Counsel for Petitioner :- A.N. Bhargava,R.K. Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Surya Prakash Kesarwani,J.
Heard learned counsel for the petitioner and the learned standing counsel for the State- respondents.
Counter Affidavit was filed by the respondents on 26.7.2002, but the rejoinder affidavit has not been filed as yet. About 16 years have passed.
By the impugned order dated 13.4.2001, the application of the petitioner for appointment was rejected on the ground that firstly he was engaged merely for certain days and secondly there is no vacant post of Cook.
In paragraph-4 of the counter affidavit details of engagement of the petitioner has been given. As per this paragraph, the petitioner worked for 67 days during Ardh Kumbh Mela 1994-95 between 6.12.1994 to 12.2.1995. Thereafter, between 13.2.1995 to 8.4.1997, he was engaged on certain days for 207 days in the event of leave taken by followers. Thus, the claim of the petitioner for appointment on the post of Cook was lawfully rejected. The petitioner has no case at all in view of the law laid down by Hon'ble Supreme Court in the case of Secretary, State of Karnataka v. Uma Devi (3),(2006) 4 SCC 1.
In view of the aforesaid, the writ petition is dismissed.
Order Date :- 29.5.2018 Ak/