- (1.) HEARD learned counsel for petitioners as well as learned Standing Counsel and perused the records. The grievance of petitioners basically is that they have not been considered for appointment on class III post against the regular sanctioned post in the cadre of Junior Clerk whereas the impugned advertisement dated 21.8.2007 has been issued to fill up the existing vacant post by direct recruitment.
(2.) LEARNED counsel for petitioners submits that the petitioners were appointed under U.P. Recruitment of Dependents of Government Servant (Dying -in -Harness) Rules, 1974 after creating supernumerary post. The were entitled to be given appointment against regular post and thereafter consequential benefits such as seniority, higher financial grades on completing certain period of service, etc.
(3.) IT is submitted that certain persons junior to petitioners such as Om Prakash, Rohit Kumar, Bhagwan Prasad, Krishna Kumar, Vansh Dev and Prayag Dutt have been promoted to the post of Senior Clerk ignoring the claim of petitioners. Learned Standing Counsel, on the other hand, submitted that the impugned advertisement was restricted to Schedule Caste category under backlog quota and the petitioners belonging to general category cannot claim appointment against the regular post for which the said advertisement was issued.;