Rajiv Sharma and Surendra Vikram Singh Rathore, JJ. - (1.) HEARD Sri Rajendra Prakash Singh, who is appellant [in person] in some of the Special Appeals and respondent in other appeals and Sri Sudeep Seth, learned Counsel for the Institute of Tool Room Training U.P. and Smt. Sangeeta Chandra, learned Additional Chief Standing Counsel. Special Appeal No. 317 of 2009 has arisen out of the judgment and order dated 24.3.2009 passed in Writ Petition No. 8096 (SS) of 2000 (Rajendra Prakash Singh v. State of U.P. and others) by the learned Single Judge, whereas Special Appeal No. 659 of 2007 arisen out of the judgment and order dated 4.7.2007 passed in Writ Petition No. 1266 (SS) of 1999 (Rajendra Prakash Singh v. State of U.P. and others) and Special Appeal No. 660 of 2007 arisen out of the judgment and order dated 4.7.2007 passed in Writ Petition No. 8807 (SS) of 1987, (Rajendra Prakash Singh v. State of U.P. and others) and Special Appeal No. 668 of 2007 arisen out of the judgment and order dated 4.7.2007 passed in Writ Petition No. 4856 (SS) of 2000, (Rajendra Prakash Singh v. Institute of Tool Room Training U.P. and others) and Special Appeal No. 669 of 2007 arisen out of the judgment and order dated 4.7.2007 passed in Writ Petition No. 5538 (SS) of 1999 (Rajendra Prakash Singh v. Institute of Tool Room Training U.P. and others).
(2.) WITH the consent of parties, we proceed to hear and decide all the above -captioned Special Appeals by a common order. Facts: Institute of Tool Room Training, U.P. [hereinafter referred to as "ITTUP"], which is a Government Project assisted by Government of Federal Republic of Germany, vide advertisement No. TR/01/80, advertised different posts including the post of Instructor (Workshop Practice) in "The Times of India dated 14.1.1981" for selection/specialized training at West Germany. In the said advertisement, for the post of Instructor (Workshop Practice), the required qualification was B.E. (Mechanical with three years experience or Diploma in Mechanical Engineering with five years experience, in supervision/operating the latest tool room machinery in a well established Tool Room. The other qualification was that the candidate should be capable of guiding the tool makers in their work plan; teaching experience is desirable and highly qualified and experienced persons can be considered in the higher grade of Rs. 800 -1450.
(3.) PURSUANT to the said advertisement, Rajendra Prakash Singh applied and got himself selected for the post of Instructor (Workshop Practice). Later on, the Management of ITTUP found that Rajendra Prakash Singh lacks certain necessary qualifications and as such, instead of offering the post of Instructor, he was offered the post of Foreman, which was vacant at the relevant time. Accordingly, he joined the services at ITTUP on 29.4.1981 as Foreman (Tool Manufacturing).;