KAMLESH RAI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned Standing Counsel for the respondent nos. 1 and 2. Shri S.P. Rai appears for respondent no.3.

(2.) BY means of present writ petition, the petitioner has prayed for quashing the impugned order dated 1.12.2001 passed by the Regional Higher Education Officer, Varanasi -respondent no.2. He has further prayed for direction to respondents to pay his salary along with other teachers and staff of the institution from the date of appointment.

(3.) BRIEF facts giving rise to the writ petition are that one Shri Anil Kumar Sharma was working as Book Lifter in 'Mahatma Gandhi Sati Smarak Degree College, Garua Maksoodpur (in short the institution), District Ghazipur, affiliated to Veer Bahadur Singh Purvanchal University, Jaunpur. He was granted promotion on the post of Clerk, which was fallen vacant in the institution. On account of promotion of Shri Anil Kumar Sharma, a vacancy on the post of Book Lifter was caused in the institution. Thereafter, Shri Shiv Poojan Singh, who was working as Farras, was granted promotion as Book Lifter. The Principal of the institution sought permission from the Regional Higher Education Officer to fill up the vacancy. The permission was granted on 12.7.2001. The Principal of the institution advertised the said vacancy in Hindi newspaper "Rashtriya Sahara" on 14.7.2001 and a letter was also sent to the Employment Exchange, Ghazipur for sending names of the suitable candidates for being considered for the post of Farras. On 20.7.2001 the District Employment Officer, Ghazipur forwarded a list of 20 candidates.