Atresh Kumar Srivastava vs State Of U.P. And 3 Ors
2014 Latest Caselaw 6843 ALL

Citation : 2014 Latest Caselaw 6843 ALL
Judgement Date : 23 September, 2014

Allahabad High Court

Atresh Kumar Srivastava vs State Of U.P. And 3 Ors on 23 September, 2014

Bench: Rajan Roy




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 59
 

 
Case :- WRIT - A No. - 51519 of 2014
 

 
Petitioner :- Atresh Kumar Srivastava
 
Respondent :- State Of U.P. And 3 Ors
 
Counsel for Petitioner :- Jitendra Kumar Srivastava,Ashish Kumar Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajan Roy,J.

Heard.

The petitioner alongwith other had applied for consideration of selection and appointment on the post in question. According to the petitioner, he was place at serial no. 3 in merit list prepared by the department. There were only two vacancies in the department. Therefore, he was treated at serial no. 1 in the waiting list. The two candidates, who were placed above the petitioner have joined their post. After joining, one of them resigned after two months.

The contention of the petitioner is that in these circumstances, the petitioner being at serial no. 3 should have been permitted to join.

In my opinion, if the post falls vacant after resignation of any employee or for any other reason after his joining, the same is a fresh vacancy which is to be filled by issuing fresh advertisement and asking for fresh applications. Therefore, the respondents cannot be faulted for not allowing the petitioner to join on the post. The petitioner does not have any right of joining/appointment on the the post in question merely because he was at serial no. 3 in the earlier selection.

The writ petition has no merit. It is dismissed.

Order Date :- 23.9.2014

SKS