- (1.) Heard learned counsel for the petitioner, learned Standing Counsel and perused the record.
(2.) By means of the present writ petition, the impugned orders dated 31.1.2007 passed by the District Magistrate, Jalaun, respondent no. 2 (annexure 11) and the order dated 30.4.2007 issued by the Additional District Magistrate (Finance & Revenue), Jalaun at Orai, respondent no. 3 (annexure 13) have been challenged.
(3.) Learned counsel for the petitioner submitted that in the year 1998, an advertisement was issued by the State Government notifying selection proceedings to be commenced for filling up Group-C post in the State in different department and different districts of the State. Subsequently, the District Magistrate, Jalaun issued an advertisement on 6.2.1999 whereby 10 posts of Lekhpal filled up on the basis of selection proceedings. From perusal of the said advertisement, it is clear that condition of the advertisement and notification issued in the year 1998 was applicable and advertisement of the year 1998 clearly provides regarding the benefit of five years age in maximum age limit and regarding the certificate to be filed regarding the Dependant of Freedom-Fighter. However in the advertisement 10 posts of Lekhpal were advertised out of which 2 posts were notified for Scheduled Caste and 3 posts for Backward Class, however, no post was reserved for Dependant of Freedom-Fighter because out of 385 posts under 2% quota for the Dependant of Freedom-Fighter, total 7 posts were to be filled out of which only four persons were working, hence, three posts were vacant. Petitioner applied in pursuance of the advertisement, under Backward Class category and also annexed the certificate of Dependant of Freedom Fighter. When he was not selected, then the writ petition no. 34775 of 2003 was filed before this Court which was disposed of on 7.11.2006 with the direction for disposal of the representation. Thereafter, the representation was filed which was decided by the impugned order refusing the claim of the petitioner for selection and appointment as Lekhpal under the reserve category of Dependant of Freedom Fighter, hence, the present writ petition was filed. While deciding the representation by impugned order on 31.1.2007, it was admitted that though there was vacancy however no post was reserved for Dependant of Freedom Fighter and on the ground that selection process was already over and the candidates were appointed and subsequently the further appointment was stopped by the State Government and as such the claim of the petitioner was refused. Hence, in view of the fact, the petitioner who was entitled to be selected and admittedly under the reserve category of Dependant of Freedom Fighter, hence the impugned order is liable to be set aside and the direction be issued for selection and appointment of the petitioner as Lekhpal.;