SANJAY KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Since both the writ petitions raise common question of facts and law hence are being disposed of by a common order. Before adverting to the merits of the case, it would be necessary to mention the facts of each case separately so as to understand the controversy for its proper adjudication.

(2.) Facts of W.P. No. 23231 of 2007 (Sanjay Kumar Vs. State Of U.P. and Others) culled out from the record is as under:

(3.) District Judge, Varansi invited applications for appointment of Class IV Employees in Varanasi Judgeship and in this respect an advertisement was issued and published in the news paper on 23.12.2000. In the said advertisement notice 18 posts were advertised and during the process of selection eight more vacancies had occurred owing to the promotion of Class IV employees to Class III Posts and thus total number of vacancies available were 26. Petitioner applied for the said post by submitting his form and was allotted roll no. 4352. He was called for interview on 18.4.2002. After conclusion of the selection process list of 68 successful candidates according to merit was published. Petitioner figured at Sl No. 25 of the said list. Appointment order in pursuance to the said selection was issued by the District Judge on 1.5.2002. In pursuance to the appointment order issued the petitioner submitted his joining report in the Varanasi Judgeship on 8.5.2002. After his initial appointment in the office of District Judge, Varanasi petitioner was posted in the Court of A.D.J. Room No. 15. Said court was shifted from Varanasi Judgeship to Chandauli Judgeship which was a newly created judgeship. Some other class IV employees were also transferred to newly created judgeship at Chandauli in terms of the direction issued by this Court. It appears that this Court issued Circular dated 15.4.2005 and 24.4.2005 for absorption of Class III and Class IV who are working in the FTC and in compliance of the said order petitioner joined on 6.6.2005 and since then he is continuously working in District Varanasi in the newly created Fast Track Court in the said judgeship.