STATE OF UTTAR PRADESH Vs. UTTAM SINGH

JUDGEMENT

(1.) Leave granted.

(2.) The father of the respondent had earlier waged a legal battle against the appellant-Department arising out of his endeavour to get his appointment post his selection for the post of Tubewell Operator. The High Court in the impugned order opined that the selection process of the father of the respondent was unambiguous and against the regular vacancy whereby he had submitted all the requisite documents to the Irrigation Department. The case of the respondent is that the appellants held up this issue over six years and the actual appointment took place only on 29.01.2003. The respondent's father continued to work and draw emoluments for a period of 13 years equivalent to the regular pay-scale till he unfortunately passed away on 09.03.2016.

(3.) The case of the respondent is also that in identical matters, the appellants have appointed one Balram and one Smt. Geeta Devi, whose father and husband respectively died in harness, as Part Time Tubewell Operators and many other candidates of whose record is not available. The respondent argues that he was singled out in being denied the benefit possibly on account of the earlier litigation between the father of the respondent and the appellant-Department.