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2014 Supreme(All) 856

B.AMIT STHALEKAR
DAULAT SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Arvind K. Pandey for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

Hon’ble B. Amit Sthalekar, J.—I have heard Sri Arvind K.Pandey, learned counsel for the petitioner and learned standing counsel for the respondents.

2. The petitioner is aggrieved by order dated 29.3.2014 by which the claim of the petitioner for appointment on the post of Cook/Kahar has been rejected.

3. The petitioner alongwith others applied for the post of Cook/Kahar against four vacant posts. In the select list (Annexure-2 to the writ petition) the petitioner’s name was placed in the waiting list. The four posts were filled up as the selected candidates had joined. Thereafter one Bittu Singh at serial No. 4 resigned after joining. It is against the vacancy created by the resignation of Bittu Singh that the petitioner is claiming his appointment on the ground that he is the only candidate in the waiting list.

4. From the documents on record, it is noticed that there were four posts in Class IV and the four selected candidates, who were above the petitioner, had joined. Thereafter selected candidate at serial No. 4 Bittu Singh resigned. Thus it is not a case where the selected candidate has not joined rather it is a case where the selected candidate joined and thereafter








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