DEVI PRASAD SINGH, J. - (1.) THIS is an application under Chapter-V Rule 12 of the Rules of Court for review of judgment and order dated 30.5.2013 on the ground that there is error apparent at the face of record since this Court could not consider the factual position with regard to right of contractual appointment in terms of Government order dated 7.6.2010.
(2.) WHILE arguing on behalf of the applicant, Sri A.K. Tiwari, learned Senior Counsel assisted by Sri R.N. Sharma, submits that S.K. Bhatia was appointed on contract basis on 30.12.2010 while the applicant petitioner was working as Professor and Head of Department in the Medical College, Meerut. It is submitted that more than two persons were working on the post of Professor in different departments of Medical Colleges, hence it belies the stand of the State Government that only one contract appointment can be made against category-B post or against sanctioned post under the category. It is submitted that once Dr. S.K. Bhatia could have been appointed on contract basis in pursuance of the Government order there is no occasion to treat the petitioner differently than him.
(3.) IT is argued that the finding recorded in para 31 of the judgment that appointment can be done against sanctioned vacancies of different posts falling in 4 categories relating to regular vacancies, is erroneous and factually incorrect in view of the amended Service Rules of 2005. It is submitted that since no regular appointment could be done on the post of Professor by promotion or direct recruitment, until under personal promotion scheme the promotions are done like in the case of the petitioner. The petitioner's appointment does not suffer from any impropriety or illegality. Hence finding recorded therein, suffers from apparent error at the face of record.;