LAWS(ALL)-2020-4-67

PRAKASH CHANDRA YADAV Vs. STATE OF U.P.

Decided On April 29, 2020
PRAKASH CHANDRA YADAV Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Sri Ray Sahab Yadav, learned counsel for the petitioner and Sri Neeraj Tripathi, learned Additional Advocate General assisted by Sri Shashank Shekhar Singh, learned Additional Chief Standing Counsel on behalf of State.

(2.) The petitioner has preferred the present writ petition with the prayer to quash the orders dated 27.07.2018 passed by the respondent no. 1/Principal Secretary, Nyaya Anubhag-3, (Niyuktia), Government of U.P., Lucknow, order dated 30.07.2018 as well as advertisement dated 27.08.2018 issued by the respondent no. 2 namely District Magistrate, Jhansi, District-Jhansi.

(3.) The facts in brief as contained in the writ petition are that the petitioner was temporary appointed on the post of Assistant District Government Counsel (Criminal), Jhansi, for a period of 14 days from 16.8.2015 upto 20.3.2015 under Clause 7.10 Legal Remembrancer's Manual. Subsequently respondent no. 2 passed an order dated 3.1.2017 by which petitioner was appointed on the aforesaid post for a period upto 1.1.2018. Before the aforesaid term was going to expire an application dated 16.9.2017 was submitted by the petitioner before the respondent no. 2 for renewal of his term. He forwarded the same before the respondent no. 1 for the grant of renewal in terms of the relevant rules. The respondent no. 1 vide its order dated 27.08.2018 rejected the renewal application of the petitioner. Pursuant to the same, respondent no. 2 passed consequential order dated 30.07.2018 directing the petitioner to hand over the charge to Additional District Government Counsel (Criminal). Subsequently, another notification was issued by the respondent no. 2 on 27.8.2018 inviting applications from the Advocates for their engagement as Additional District Government Counsel (Criminal). The petitioner has preferred the present writ petition challenging the aforesaid orders.