SUNIL KUMAR Vs. STATE OF U P
LAWS(ALL)-2010-11-24
HIGH COURT OF ALLAHABAD
Decided on November 24,2010

SUNIL KUMAR Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.) We have heard Sri Dharmendra Kumar Pandey, Learned Counsel for the Petitioner, and the learned Standing Counsel appearing for the Respondent Nos. 1 and 2, and perused the record.
(2.) The present Writ Petition has been filed by the Petitioner making the following prayers: (A) Issue a writ order or direction in the nature of Mandamus directing the opposite party Nos. 1 and 2 to appoint the Petitioner, either at K.P. Training College Allahabad or D.B.S. College Kanpur. (B) Issue any other and further writ order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. (C) Award the cost of the Writ Petition to the Petitioner. It appears that an advertisement dated 26th April, 2002 (Annexure 1 to the Writ Petition) was issued by the Respondent No. 1, inter alia, inviting applications for appointment on the post of Lecturer in the subject of Shiksha Shastra (B. Ed.). Pursuant to the said advertisement, the Petitioner applied and was selected for appointment on the post of Lecturer in the subject of Shiksha Shastra (B. Ed.) as per the select list dated 24.11.2004 (Annexure 3 to the Writ Petition). By the communication dated 2nd April, 2005 (Annexure 5 to the Writ Petition) issued by the Respondent No. 1, the Petitioner was given posting at D.S.N. College, Unnao. The Petitioner thereupon filed the present Writ Petition before this Court seeking the reliefs as mentioned above. This Court passed the following interim order on 25.4.2005: Issue notice. Because the private Respondents have already joined their posts at Allahabad, therefore, this application cannot be heard ex parte in respect of the post at Allahabad. However, if the Petitioner joins at Unnao, such joining will not prejudice his claim in this writ petition.
(3.) Another order was passed on 25.4.2005 in the Writ Petition permitting the Petitioner to implead the persons posted at Allahabad as Respondents No. 6 to 11 in the Writ Petition, and notices were directed to be issued to the said private Respondents. However, no steps were taken by the Petitioner for issuance of notices as per the order dated 25.4.2005 passed by the Court on the Writ Petition as is evident from the office reports dated 4.6.2005 and 16.9.2005.;


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