Court No. - 16
Case :- WRIT - A No. - 7014 of 2018 Petitioner :- Ram Milan Maurya And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramesh Chandra Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition has been filed for a direction upon the authority concerned to consider the claim of petitioner for grant of approval to appointment on the post of Class-IV employee in Dayanand Adarsh Uchchattar Madhyamik Vidyalaya, Deoria. It is stated that the post was advertised in the year 2009 and till date no decision has been taken despite repeated correspondence.
Learned Standing Counsel submits that the claim of the petitioner is not bonafide inasmuch as in the year 2014 an amendment in the regulation has been brought which requires such post to be filled up by way of outsourcing alone. It is stated that after such amendment has been brought in, petitioner has come up with a case of appointment prior to 2014.
Submission in this regard is that if such an appointment had been made, petitioner ought to have pressed his claim for salary within a reasonable time. Filing of this petition after 8 years is not bonafide. In case petitioner was appointed in the year 2009 and his claim for approval was not considered, the petitioner could have taken recourse of law. Nothing, however, has been done except to allege that representations have been made.
Filing of this petition after nearly 8 years is not liable to be entertained, particularly in view of the amendment made in Regulation as per which such post cannot be filled by direct recruitment now. The claim of petitioner is otherwise barred by latches.
Writ petition is accordingly dismissed.
Order Date :- 27.2.2018 n.u.