RAKESH TIWARI, J. - (1.) HEARD counsel for the parties and perused the record.
(2.) THE petitioner was appointed as Lower Division Assistant on 16.1.1996 on compassionate ground. He made a representation-dated 28.12.98 to the respondents for appointment on the post of Upper Division Clerk claiming parity with some other persons who were appointed on compassionate ground. The representation of the petitioner was rejected by respondent no.3 vide order dated 6/9/10.11.99. The petitioner again moved an application-dated 24.12.1999 as well as reminder-dated 5.6.2000 reiterating his claim which was also rejected by respondent no.3, the Director Administration, Khadi & village Industries Commission, Lucknow. Aggrieved the petitioner preferred an appeal on 5.7.2000 before the Chairman/Chief Executive Officer, Khadi and Village Industries Commission, 3, Irla Road, Vile Parley (West) Mumbai. Since the appeal was not being decided by respondent no.2, he filed writ petition no. 52369 of 2004 before this Court, which was disposed of with a direction to respondent no.2 to decide the appeal of the petitioner within a period of two months from the date of submission of a certified copy of the order.
(3.) IT is stated that in the mean time respondent no.3 without jurisdiction decided the appeal, which has given rise to the present writ petition.;