SUDHIR AGARWAL,J. - (1.) Heard learned counsel for petitioner. Learned Standing Counsel is present for State respondents.
(2.) Petitioner was given compassionate appointment on Class IV post vide order dated 16.08.1984. Thereafter looking into his qualification respondent no.3, Joint Director, Education vide order dated 07.04.1998, appointed him on compassionate ground as Junior Clerk against supernumerary post, inasmuch as there was no vacant post in Class III cadre, as is evident from order dated 07.04.1998 itself. It is this order which has been cancelled by the impugned order 13.03.2000 by the same authority.
(3.) The order dated 07.04.1998 itself was patently illegal inasmuch as in absence of any vacancy question for promotion/appointment did not arise at all. Further promotion to class III post from class IV is made under a prescribed procedure under the relevant Rules and Government Orders, which contemplate that promotion from Class IV to Class III post shall be made on the basis of selection constituting written test, interview and typing test etc.;