Court No. - 34
Case :- WRIT - A No. - 32401 of 2004 Petitioner :- Shyam Bahadur Yadav & Others Respondent :- State Of U.P. And Others Counsel for Petitioner :- Vikram D.
Chauhan,A.K.Srivastava,Ashok Khare,Manju Rani Chauhan,Seemant Singh,Shri Ram Pandey Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J.
1. Sri Ram Pandey, learned counsel for petitioner is present.
2. Petitioners were selected against vacancies advertised for Class III posts but could not be given appointment by Appointing Authority on account of computerization and modernization in the office of Government Press, vacancies have reduced.
3. Even otherwise, the Apex Court in Shankarsan Dash Vs. Union of India 1991 (3) SCC 47 has held that even a selected candidate has no indefeasible right to seek a writ of mandamus to respondents to fill in vacancy and appoint him on the post since it is well settled that employer has a right to keep the post vacant. The same view has been followed subsequently in a catena of decisions and also by a Full Bench of this Court recently in Km. Sandhya Singh and others Vs. State of U.P. and others, 2013(7) ADJ 1.
4. In view of above, the relief, as sought in the writ petition, cannot be granted. Dismissed.
Order Date :- 26.7.2018 Siddhant Sahu