FAUJDAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri S.C. Dwivedi, Advocate, for petitioner and learned Standing Counsel for respondents.

(2.) By means of this writ petition, petitioner has sought a writ of certiorari quashing the order dated 29.08.2005 (Annexure-12 to writ petition) wherein selection and appointment of petitioner on a Class-IV post has not been recognized and his representation for payment of salary has been rejected on the ground that selection was not made in accordance with the procedure prescribed in Group ''D' Employees Service (U.P.) Rules, 1985 (hereinafter referred to as "Rules, 1985").

(3.) The record shows that there were 23 sanctioned Class-IV posts in Mangla Prasad Inter College, Bampur, Allahabad (hereinafter referred to as "College') wherein 4 posts were vacant for which District Inspector of Schools (hereinafter referred to as "DIOS") vide order dated 23.11.2002 granted permission to fill in the same. The selection and appointment made by Principal, appointing authority, was initially rejected by order dated 24.06.2002 on the ground that advertisement was not made in daily newspaper having wide circulation and therefore fresh advertisement be made. Principal again made selection and forwarded documents but DIOS did not take any action and, therefore, Writ Petition No. 35854 of 2004 was filed by petitioner and another Gulab Chandra which was disposed of vide order dated 03.09.2004 directing DIOS to pass appropriate order expeditiously and preferably within the period of two months. The judgment reads as under: