VISHWA BANDHU GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) BY means of this writ petition the petitioner has prayed for two reliefs; firstly, for quashing the judgment and order dated 5.9.2013 passed by the U.P. Public Services Tribunal, Lucknow, in Claim Petition No.99 of 2011, Vishwa Bandhu Gupta v. State of U.P. and others, whereby his claim petition has been dismissed; and secondly, he has prayed for directing the competent authority to consider his candidature for appointment on the substantive post of clerk in Collectorate, Ballia, with effect from 10.11.1990 under the Reservation Quota for the Dependents of Freedom Fighters with arrears of salary and allowances computable alongwith interest at the rate of 12% per annum.

(2.) AS far as the first relief is concerned, the claim petition has been dismissed by the Tribunal on the ground that the petitioner herein is not a Public Servant within the meaning of Section 2(b) of the U.P. Public Services (Tribunal) Act, 1976 (for short the 'Act'), therefore, the claim petition was not maintainable. We do not find any error in the judgment of the Tribunal, as the petitioner herein is not a Public Servant within the meaning of the Act.

(3.) EVEN the learned counsel for the petitioner fairly conceded on this issue and invited attention of the court to relief no.2 for consideration After considering relief no.2, we do not find any ground to consider the said relief for appointment of the petitioner herein as 'Clerk' in the Collectorate, Ballia, with effect from 10.11.1990. No such relief can be granted in the year 2015. More so, it appears that the petitioner had earlier filed a writ petition before this court being aggrieved by his non -selection in the recruitment to the post in question, which was held in the year 1990 and the said writ petition bearing Civil Misc. W.P. No.4578 of 1991, Desh Bandhu Gupta and anr. v. State of U.P. and anr., which was disposed of on 17.2.1997 with the observation that if respondents fill up any vacancy in future and the petitioner apply for the same, the respondents shall consider the candidature of the petitioner under the Reserved Quota, if they are otherwise eligible.