VIRENDRA KUMAR SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioner along with three other persons filed Claim Petition No. 5/N.B./2011 seeking a direction to count the services rendered by them as untrained Lekhpal for the purposes of seniority and also for regular salary for the period, they served as untrained Lekhpal. The said Claim Petition was dismissed by learned Tribunal, vide judgment dtd. 3/7/2013. Thus, feeling aggrieved, petitioner has approached this Court for challenging the judgment rendered by learned Tribunal. Operative portion of the impugned judgment is extracted below:-

(2.) Learned counsel for petitioner has relied upon Rule 18 of U.P. Lekhpals Service Rules, 1958 for challenging the judgment rendered by learned Tribunal. Rule 18 of the said Rules reads as under:-

(3.) Learned counsel for petitioner submits that since Rule 18(b) enables the Assistant Collector to appoint an unqualified candidate against vacancies existing on the post of Lekhpal, therefore, the view taken by learned Tribunal that petitioner was appointed dehors the Rules, is unsustainable.