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VIJAY KUMAR SRIVASTAVA versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Vijay Kumar Srivastava v. State Of U.P. & Others - SPECIAL APPEAL DEFECTIVE No. - 768 of 2007 [2007] RD-AH 15522 (13 September 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE AT ALLAHABAD

"CJ's Court"

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD.

APPELLATE JURISDICTION

Special Appeal No. 1206 of 2007.

1. Putti Lal, S/o Ram Kumar, presently posted as Forest

Guard, Banda Forest Division, District Banda.

Vs.

1. State of U.P., through Principal Secretary, Forest,

Anubhag - 3, Civil Secretariat, Lucknow.

2. Principal Chief Conservator of Forest,

17, Rana Pratap Marg, Lucknow.

3. Divisional Forest Officer, Forest Division, Banda,

District Banda.

***********

Counsel for the Appellant : Mr. Pankaj Srivastava

Counsel for the Respondents : Mr. G.C. Upadhyaya

(Standing Counsel)

WITH

Special Appeal (Defective) No. 768 of 2007.

1. Vijay Kumar Srivastava, S/o Late Onkar Prasad

Srivastava, Daily Wage Range Clerk/Forester,

Gorakhpur Forest Division, District Gorakhpur.

Vs.

1. State of U.P., through Principal Secretary, Forest,

Anubhag - 3, Civil Secretariat, Lucknow.

2. Principal Chief Conservator of Forest,

17, Rana Pratap Marg, Lucknow.

3. Conservator of Forest, Gorakhpur Circle, Gorakhpur.

4. Divisional Forest Officer, Forest Division,

Gorakhpur, District Gorakhpur.

************

Counsel for the Appellant : Mr. Pankaj Srivastava

Counsel for the Respondents : Mr. G.C. Upadhyaya

(Standing Counsel)

Hon'ble H.L. Gokhale, CJ.

Hon'ble Anjani Kumar, J.

Date : September 13, 2007

Oral Judgement (Per : H.L. Gokhale, CJ)

1. Heard Mr. Pankaj Srivastava in support of these appeals and Sri G.C. Upadhyaya, learned Standing Counsel appears for respondents. Both these appeals are being heard and decided by common order.

2. The appellants who are working on ad-hoc / temporary basis had filed separate writ petitions challenging the impugned advertisement, whereunder some vacancies for the post of Forest Guard, Driver as well as Forest Inspector have been advertised to be filled in by scheduled Caste/Scheduled Tribes/Other Backward Class category candidates. The appellants do not belong to any such category. Their contention is that these vacancies ought to have gone to the general category. There is no material placed before us on the basis of which we can draw any such opinion. It is the case of the appellants that these posts are to be filled in by regularising the ad-hoc / temporary employees of the department. The advertisements impugned in the writ petitions clearly say that these vacancies are for the backlog of S.C./S.T./O.B.C. candidates category and this being so, the advertisement impugned in the writ petitions have no illegality and are clearly protected by Article 16 (4-B) of the constitution of India. The learned single Judge was right in dismissing the writ petitions.

3. We do not find any error in the judgement and order passed by learned single Judge. Both the appeals are accordingly dismissed.

Date : 13.09.2007.

Rks/

(Chief Justice)

(Anjani Kumar)


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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