Ravi Kumar Yadav Vs State of U.P. through Secy. Higher Edu. Lko. and Ors.

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Neutral Citation No. - 2024:AHC-LKO:44599

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Court No. - 18

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Case :- WRIT - A No. - 360 of 2014

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Petitioner :- Ravi Kumar Yadav

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Respondent :- State Of U.P. Through Secy. Higher Edu. Lko. And Ors. Counsel for Petitioner :- Panna Lal Gupta,Anas Ahmad,Mohd. Waris Farooqui,Prem Chandra Chauhan,Radhey Shyam,Rajendra Singh Kushwaha,Rakesh Pathak,Subhash Chandra Pandey Counsel for Respondent :- C.S.C.,R.K.Srivastava

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Hon'ble Manish Mathur,J.

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Heard learned counsel for petitioner, learned State Counsel for opposite parties 1 and 2 and Mr. Virendra Kumar Tiwari Advocate holding brief on behalf of Mr. R.K. Srivastava learned counsel for opposite parties 3 and 4. In view of nature of order being passed, petition is being disposed of even in absence of opposite parties 5 to 12 who otherwise would remain unaffected.

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Although petition had been filed initially challenging selection made on a Class III post in the college in question in pursuance of advertisement dated 17th September, 2013, Mr. Rajendra Singh Kushwaha learned counsel for petitioner on the basis of instructions submits that aforesaid prayer is not being pressed by petitioner. He however lays emphasis on prayer No.2 and 3 for a direction to opposite parties to consider petitioner's case for regularization/absorption on the post of Clerk in question and for payment of regular salary.

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It has been submitted that petitioner was initially appointed on the post of Clerk after following process of selection on 25th August, 2006 on daily wage basis and is performing such work eversince to the satisfaction of the opposite party. It is submitted that despite the said fact, advertisement for recruitment on the vacant Class III post was issued, which was challenged by petitioner although such challenge has now been withdrawn.

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Learned counsel has drawn attention to the letter dated 22nd February, 2020 issued by the college concerned indicating the names of five employees of the college with prayer for their absorption but the name of petitioner has been omitted from the said list.

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At present learned counsel for petitioner restricts his prayer for liberty to make a fresh representation to the concerned authority for inclusion of his name and the recommendation for

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absorption his service on a class III Post.

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Considering innocuous prayer and without entering into merits of the case, liberty is granted to petitioner to make a fresh representation before the concerned authorities with regard to his absorption/regularization on any post in the institution on which he is currently engaged. In case any such application is made, the concerned authority shall consider and decide the same in accordance with law within a period of eight weeks from the date a certified copy of this order is produced before the said authority. This order has been passed without entering into merits of the case.

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With the aforesaid directions, the petition stands disposed of.

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Order Date :- 1.7.2024 prabhat

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Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Ravi Kumar Yadav v. State of U.P. through Secy. Higher Edu. Lko. and Ors.

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Ravi Kumar Yadav v. State of U.P. through Secy. Higher Edu. Lko. and Ors.

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