- (1.) THE writ petition has been filed in the year 2003, assailing the advertisement dated 2.2.2003 issued by the opposite party No.2 -the Director General/Prantiya Rakshak Dal, Vikas Dal Avam Yuva Kalyan, U.P., Jail Road, Lucknow, contained in Annexure No.1 to the writ petition. It has also been prayed that the opposite party No.2 may be directed not to proceed to make any fresh appointment in view of the impugned advertisement dated 2.2.2003 until and unless the petitioner is regularized and confirmed on the post of Junior Clerk against the post lying vacant for the candidate belonging to the reserved category of backward class.
(2.) ACCORDING to the petitioner, he was engaged as Junior Clerk on daily wage basis in the year 1987. On 1.11.1990, as his services was orally terminated, he approached this Court by filing writ petition No. 12224 (SS) of 1990. This Court, as an interim measure, vide order dated 28.11.1990, provided that if the petitioner is working on his post and the post if subsisting, he shall not be removed from service. In compliance of the order dated 28.11.1990, the then Director -Cum -Administrative Commandant issued the order dated 20.3.1991, appointing the petitioner along with one Kalpnath against the vacancy of Kanisth Lipik. Subsequently, vide order dated 12.12.1991, this Court in the aforesaid writ petition directed the respondents to consider the case of the petitioner for payment of salary in minimum pay -scale. In pursuance thereof, the Director -Cum -Administrative Commandant considered the case of the petitioner and granted scale of pay to the petitioner vide order dated 30.12.1992.
(3.) IT has been stated that the State Government had issued a Government Order dated 31.12.1997, granting revised scales of pay to all the State employees w.e.f. 1.1.1996 on the basis of the recommendations of the Pay Commission. But as the benefit of the said Government Order dated 31.12.1997 was not granted to the petitioner, he had approached this Court again by filing writ petition No. 5723 (SS) of 1998, in which, it has been provided that the case of the petitioner with regard to payment of revised pay -scale be considered in accordance with law.? Subsequently, the opposite party No.2, vide impugned advertisement dated 2.2.2003, has initiated the proceedings to fill up the two posts of Junior Clerk, which is reserved for the candidates belonging to the Backward Class Category.? Feeling aggrieved, the instant writ petition has been preferred. From the records, it comes out that vide order dated 17.2.2003, this Court, as an interim measure, provided that before making any fresh appointments in the pursuance of the advertisement dated 2.2.2003, the respondents shall consider the case of the petitioner for regularization on the post of Junior Clerk on which he is working.? Subsequently, on the basis of the statement of learned Standing Counsel that the writ petition has rendered infructuous by efflux of time, the instant writ petition was dismissed as infructuous, vide order dated 19.1.2009.;