Satyendra Singh Chauhan, J. - (1.) HEARD learned Counsel for the petitioner and the learned Standing Counsel.
(2.) THROUGH this petition the petitioner has challenged order dated 9.12.2004 / 14.12.2004 by means of which the representation of the petitioner for appointment/promotion on the post of Clerk has been rejected. Submission of learned Counsel for the petitioner is that opposite parties have acted arbitrarily, with non application of mind and also maliciously in rejecting the claim of the petitioner on the ground that one post has been filled up on the direction of this Court by Sri Arun Kumar Misra on supernumerary Class III post. His further submission is that Sri Arun Kumar Misra has been appointed on supernumerary post by virtue of the directions passed by this Court on Class III post, therefore, the petitioner can also be adjusted on the supernumerary Class III post but the post in question has fallen vacant in the year 2004 and the said post is still vacant. The petitioner was offered appointment on Class IV post under -Dying -in Harness Rules on 28.6.2002. It is submitted that the petitioner under compelling circumstances joined the said post on 28.6.2002 and immediately she protested to the said offer on 17.7.2002. The said objection of the petitioner was not considered and then she filed the present writ petition and a detailed interim order was passed on 13.8.2004 directing the opposite parties to dispose of the representation of the petitioner within ten days. He also states that the order passed by this Court has been put aside by the opposite parties while considering the case of the petitioner and thereby rejecting the claim of the petitioner when vacancy was available.
(3.) LEARNED Standing Counsel, on the other hand, has submitted that after the petitioner has joined, the appointment has exhausted and she can not claim appointment on the higher post. He further states that petitioner did not raise any objection prior to her appointment. His submission is that once the petitioner has joined on the Class IV post, she has no right to claim any appointment on class III post.;