Court No. - 38 Case :- WRIT - A No. - 41717 of 2010 Petitioner :- Jaber Hussain Respondent :- State Of U.P. And Others Petitioner Counsel :- P. K. Kashyap Respondent Counsel :- C. S. C.,Amit Sthalekar Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioner and Sri Sthalekar, learned
counsel for the respondents.
Petitioner, who alleged himself to be appointed on a contract basis
as a Class IV employee in the Kannauj Judge Ship in 2004. Now
an advertisement for filling up the vacancy of two posts of class IV
have been advertised. Petitioner is aggrieved by the aforesaid
advertisement on the ground that he is working from 2004,
therefore, he is entitled for regularization on the said post, without
making any appointment on the basis of advertisement.
I have considered the submission of the petitoner and perused the
record. From order dated 11.06.2010 passed by the District Judge,
clearly indicates that on an application made by the petitioner a
clear indication has been given to the petitioner that he can also
appear in the selection, which is going to be held on the basis of
advertisement. Admittedly, the appointment of the petitioner is on
a contract basis. Therefore, he cannot claim as a matter of right to
be absorbed or to be appointed in a vacancy without following
proper procedure for appointment.
In view of the aforesaid fact no relief can be granted to the
petitioner. It is however open to the petitioner that he may appear
in the selection and he may be consider according to law on his
own merit.
The writ petition is dismissed.
No order as to costs.
Order Date :- 20.7.2010
Pr/-