GANESH CHAUHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) The present writ petition has been preferred by the petitioner seeking following reliefs:

(2.) Learned counsel for the petitioner submits that the petitioner was appointed as Class-IV employee in a Junior High School[Shri Thakur Ji Junior High School, Balkunda, District Azamgarh (For Short, 'the Institution')] run by the U.P. Board of Basic Education, on 19/7/1985. He has been working in the Institution without any break and no complaint has ever been made against him. The Institution was brought in the grant-in-aid list vide Government Order dtd. 2/12/2006, whereafter by an order dtd. 11/6/2007 the Assistant Director of Education (Basic), Azamgarh Region, Azamgarh[The respondent no. 3], approved the appointment of certain other Class-IV employees making them entitled for payment of salary from grant-in-aid fund, but the petitioner's name was excluded. The petitioner moved representations before the authorities concerned, however, same failed to elicit any response, therefore, he filed a writ petition being Civil Misc. Writ Petition No. 32475 of 2007[Ganesh Chauhan v. The State of U.P. Thru Principal Secretary and Others], which was disposed of by order dtd. 20/7/2007 with a direction upon the respondent no. 3 to decide the petitioner's representation after giving opportunity to all affected parties.

(3.) Representation of the petitioner came to be rejected by respondent no. 3 vide order dtd. 1/11/2007, on two grounds; firstly the petitioner was minor at the time of his appointment as his date of birth being 3/3/1967 on the date of appointment i.e. 15/8/1983; secondly - no advertisement was made, thus the selection was contrary to the provisions of Uttar Pradesh Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Ministerial Staff and Group 'D' Employees) Rules, 1984[The Rules, 1984]. Said order was challenged by the petitioner by means of Writ-A No. 3344 of 2008 (Ganesh Chauhan v. The State of U.P. Thru Principal Secretary and Others).