DALIP SINGH KATHAYAT AND OTHERS Vs. STATE OF UTTARANCHAL AND OTHERS
LAWS(ALL)-2004-4-235
HIGH COURT OF ALLAHABAD
Decided on April 29,2004

Dalip Singh Kathayat and others Appellant
VERSUS
State of Uttaranchal and others Respondents

JUDGEMENT

RAJESH TANDON,J. - (1.) HEARD Shri Manoj Tiwari learned Counsel for the petitioner and Standing Counsel for the respondents.
(2.) BY the present writ petition the petitioners have prayed for the issue of a writ, order or direction in the nature of mandamus commanding the respondents to Mising page Part II of the aforesaid Rule provides cadre of service to the following effect: - "Cadre of Service. - (1) The strength of the service and of each category of posts therein shall be such as may be determined by the Government from time to time. (2) The strength of the service and of each category of posts therein shall until order s varying the same are passed under sub-rule (1), be as given in the Appendix: Provided that - (i) The Appointing Authority may leave unfilled or the Governor may hold in abeyance any vacant post, without thereby entitling any person to compensation; or (ii) The Governor may create such additional permanent or temporary posts as he may consider proper."
(3.) PART III defines Source of Recruitment Rule 5 provides as under: - "Source of Recruitment. - Recruitment to the various categories of posts in the service shall be made the following sources: (1) 10 percent by direct recruitment through Selection Committee from amongst such head masters/head mistress as have complete ten years service on their respective posts on the first day of the year of recruitment; (2) 80 percent by direct recruitment through the Commission; (3) 10 percent by promotion through the Selection Committee from amongst qualified extension teachers and craft teachers working in C.T. Grade and appointed under Reorientation Scheme on or before April 11.1980." ;


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