VISHAL SAINI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This special appeal, is filed under Chapter VIII Rule 5 of Rules of the Court, 1952, applicable to this high court, challenging the order dated 14.02.2011, passed by learned Single Judge of this Court, in Writ Petition No. 71 (S/S) of 2011.

(2.) Heard Learned Counsel for the parties and perused the affidavits, counter affidavits, and the record of the writ petition.

(3.) Brief facts of the case are that the appellant/writ petitioner Vishal Saini filed writ petition seeking direction in the nature of mandamus commanding the respondents to consider his representation dated 25.06.2010. He further sought a direction in the nature of certiorari quashing the order dated 06.10.2010, passed by respondent No. 4, rejecting the application of the writ petitioner (seeking employment under Government Order No. 23/25/1973 Karmik/2 dated 21.09.1981, issued by the State of Uttar Pradesh). It is stated in the writ petition that land of grandfather of the petitioner, situated in Village Bajuhedi, Tehsil Roorkee, District Haridwar (now within the territory of State of Uttarakhand) was acquired by the State of Uttar Pradesh in the year 1982-83, for Upper Ganga Modernization Project. The petitioner/appellant claimed that he is entitled to the employment under the Government Order dated 21.09.1981. Parity was claimed by him as one Minaxi was given employment vide order dated 12th of June 2007, in compliance of order dated 01.03.2006, passed in the Writ Petition No. 944 (S/S) 2005; Minaxi Vs. State of UP. and others. It is also pleaded that one Mohit Saini was also given job. However, learned Single Judge of this Court vide impugned order dated 14.02.2011, observed that because the land belonged to the grandfather of the petitioner, the Government Order relied does not help him (writ petitioner).