ASHOK KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition has been preferred challenging the order dated 01.12.1999 passed by the Director, Technical Education.

(2.) LEARNED counsel for the petitioner submits that vide advertisement published in newspaper Rojgar Samachar dated 4/10.05.1991 applications were invited from eligible candidate for appointments on the non teaching post of Workshop Instructor, reserved for Scheduled Caste and Scheduled Tribes were to be made in accordance with the provisions of paragarph 7 as contained in the Scheme of Administration. The petitioner was selected and appointed as Workshop Instructor by order dated 18.01.1992 but was not being paid his salary pursuant to the said appointment. In these circumstances he preferred Writ Petition No. 14851 of 1992 which was disposed off by the court vide order dated 02.09.1999 directing the Director of Technical Education (U.P.), Kanpur to decide the controversy. Thereafter, the Director, Technical Education Uttar Pradesh, Kanpur vide his order dated 01.12.1999 rejected the representation of the petitioner.

(3.) THE aforesaid order was challenged in Writ Petition no. 22533 of 2001 (Ashok Kumar Vs State of U.P. and others) holding that the post of Instructor falls within the definition of teaching staff and as such the procedure for selection of the petitioner ought to have been according to Section 22 -E of the Uttar Pradesh Technical Education Act, 1962, and the G.O. Dated 24.11.1998. Hence this Special Appeal for quashing of the judgment and order dated 25.07.2012 in Civil Misc. Writ Petition no. 22533 of 2001 be set aside remanding the matter for adjudication afresh on merits.