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C. K. PRASAD, SANJAY MISRA
ROSHAN LAL – Appellant
Versus
STATE OF U. P. – Respondent
By the Court.—This intra-Court appeal, at the instance of the writ petitioner-appellant, under Rule 5 Chapter VIII of the Allahabad High Court Rules, 1952, arises out of an order dated 24.7.2009 passed by a learned Judge in Civil Misc. Writ Petition No. 39776 of 2001.
2. Shorn of unnecessary details, facts giving rise to the present appeal are that the writ petitioner-appellant, hereinafter referred to as the ‘petitioner’, filed the writ petition, inter alia, praying for quashing the order dated 19.6.2000 passed by the Commissioner, Gorakhpur Division, Gorakhpur whereby the prayer made by the petitioner to appoint him on the post of Clerk treating him as a retrenched employee, had been rejected. Petitioner earlier approached this Court by filing Civil Misc. Writ Petition No. 18201 of 1998, inter alia, contending that he is a retrenched employee and, therefore, fit to be considered for appointment on a Class-III post as a retrenched employee. The said writ petition was disposed off by this Court by order dated 21.1.2000 and while doing so, it directed as follows :
“In case the Commissioner comes to the conclusion that the petitioner is in fact a retrenched employee of Food and
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