SHUBHAM YADAV Vs. STATE OF U. P.

JUDGEMENT

(1.) The present petition has been filed challenging the order dated 31.1.2020 (Annexure-9). The petitioner has confined his prayer to relief no. 1, by which he seeks to challenge the order dated 31.1.2020.

(2.) The brief facts, which have led to filing of the petition, is that in the Institution known as Lal Bahadur Shastri Inter College, Susi, Kannauj, there are only three class-III posts i.e. one Head Clerk and two posts of the Assistant Clerk. It is claimed that on retirement of one of the class-III employee namely Virendra Singh Yadav on 31.1.2017, a post fell vacant as he was the Head Clerk, the Assistant Clerk Narendra Singh Yadav was promoted to the post of Head Clerk. On account of vacancy of the post of Assistant Clerk on account of his promotion to the post of Head Clerk, the respondent no. 4 advertised the said post in the newspapers and after following the procedure, an appointment letter was issued to the petitioner on 12.1.2018 and the papers with regard to the appointment of the petitioner were forwarded for approval to the DIOS. The DIOS rejected the grant of financial approval vide order dated 22.2.2018 on the ground that a ban on recruitment was imposed by the State Government in terms of the Government Order dated 15.3.2012.

(3.) The petitioner challenged the said order dated 22.2.2018 by filing a Writ Petition No. 9886 of 2018, which was allowed vide order dated 13.4.2018, whereby the order dated 22.2.2018 was set aside and following directions were passed:-