SUGREEV KUMAR Vs. STATE OF U P & ANOTHER
LAWS(ALL)-2013-8-249
HIGH COURT OF ALLAHABAD
Decided on August 16,2013

Sugreev Kumar Appellant
VERSUS
State Of U P And Another Respondents

JUDGEMENT

- (1.) This appeal is directed against the order of the learned single Judge dated 04.07.2013 passed in Writ-A No. 13407 of 2008.
(2.) An advertisement was issued on 1st August, 2007 inviting applications from eligible candidates for selection and appointment to 9 posts of Gram Vikas Adhikari and 1 post of Sweeper-cum-Chowkidar. This advertisement was issued in order to fill up the backlog vacancies for Scheduled Caste & Scheduled Tribe candidates. The department passed a resolution on 26th October, 2007 to fill up single supernumerary post of Sweeper-cum-Chowkidar to be created and sanctioned by the State Government. On 27th December, 2007, the Government considered the proposal and sanctioned creation of one supernumerary post of Sweeper-cum-Chowkidar subject to the condition that the said post would last till 29th February, 2008 or till such time a regular post in the cadre becomes available. It was also clarified in the said Government Order that in the event of a person being appointed on the said supernumerary post and a regular vacancy coming into existence prior to 29th February, 2008, the person so appointed on the supernumerary post would be adjusted in the regular cadre.
(3.) The present appellant, who was an applicant in pursuance of the said advertisement, was selected and appointed on 03rd January, 2008. His order of appointment clearly shows that such appointment was against a supernumerary post sanctioned by the Government and the life of the post was till 29th February, 2008 or till such time a regular vacancy was made available, which ever was earlier. Subsequent to such appointment on 1st March, 2008, the selection for appointment of the appellant was cancelled and consequently his appointment was also cancelled. The said order dated 1st March, 2008 was challenged in the writ petition in which the impugned order has been passed.;


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