MOHAMMAD SALMAN Vs. STATE OF U.P.
LAWS(ALL)-2014-2-219
HIGH COURT OF ALLAHABAD
Decided on February 10,2014

Mohammad Salman Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

Ritu Raj Awasthi, J. - (1.) NOTICE on behalf of opposite parties has been accepted by the learned Chief Standing Counsel. Heard learned counsel for the parties.
(2.) THE writ petition has been filed challenging the orders dated 01.02.2014 (contained as Annexure Nos. 1 & 2 to writ petition) whereby the petitioners have been asked to appear in the departmental examination fixed for granting regular promotion in class III. Learned counsel for petitioners submits that the petitioners were initially appointed on class IV posts. Vide order dated 31.3.1993/10.6.1996, they were promoted on ad -hoc basis on the post of Junior Clerks. The petitioner No. 1 had earlier approached the Court by filing Writ Petition No. 7609 (SS) of 2006 (Mohd. Salman v. State of U.P. and others) wherein the Court vide order dated 23.8.2006 had disposed of the writ petition with direction to Regional Transport Officer, Lucknow to take a decision on the basis of recommendation dated 31.7.2006 and also considering Uttar Pradesh Regularization of Ad -hoc Promotions (On Posts Outside the Purview of the Public Service Commission) (First Amendment) Rules, 2001 (for short 'Regularization Rules, 2001') and consider the regularization of petitioner in accordance with the Amended Rules, 2001. The claim of petitioner No. 1 for regularization, however, was rejected vide order dated 07.09.2006.
(3.) IT is also submitted that the petitioner Nos. 1 & 2 had also filed Writ Petition No. 9336 (SS) of 1993 wherein the Court vide interim order dated 25.11.1993 had restrained the opposite parties from declaring the result of departmental examinations held for promotion in class III as the petitioners were deprived a chance to appear in the said examination. This writ petition was dismissed as having become infructuous in view of the fact that in the meantime the petitioners were given ad -hoc promotion vide order dated 10.6.1996.;


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