Neutral Citation No. - 2025:AHC:138166 Court No. - 38 Case :- WRIT - A No. - 6068 of 2020 Petitioner :- Rajesh Kumar Dwivedi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Agnihotri Kumar Tripathi,Durga Tiwari,Shantanu Khare,Sr. Advocate Counsel for Respondent :- C.S.C. Hon'ble Donadi Ramesh,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. The present writ petition has been filed by the petitioner for a direction to the respondents treating him to be appointed as instructor in the trade Fitter in Government Industrial Training Institute w.e.f. 10.08.2008 with all consequential benefits. 3. Initially, the respondents have rejected the appointment of the petitioner on the ground of not having requisite qualifications. The said order was assailed by way of filing Writ-A No.31158 of 2008. The said writ petition was dismissed by this Court vide order dated 26.04.2011. Against dismissal of the writ petition, the petitioner filed Special Appeal No.2008 of 2011. The said special appeal was also dismissed vide order dated 14.12.2016. As against the same, the petitioner preferred Civil Appeal No.(s) 9140 of 2019 (Arising out of SLP (Civil) No.7954 of 2017), which was considered and disposed of by Hon'ble Apex Court on 06.12.2019 with the following directions: " Since we have found that candidature of the appellant was rejected on the ground that he was not possessing educational qualification, therefore, the State Government is directed to take proper steps for appointment of the appellant in accordance with law within two months from the date of receipt of copy of this judgment. In view of the above, the appeal is allowed." 4. Consequent upon the said orders, the respondents have considered the case of the petitioner and appointed the petitioner vide order dated 02.06.2020. Accordingly, the petitioner joined in the service and is continued in the said post. 5. Contention of the learned counsel for the petitioner is that the petitioner is having requisite qualification as on the date of notification i.e. 17.03.2008 and accordingly, he made an application but the respondents have rejected the case of the petitioner under mistaken fact that the petitioner is not having requisite qualification. In fact, the said action was faulted by Hon'ble Apex Court in its judgment dated 06.12.2019. As the petitioner is fully qualified and eligible for appointment in the year 2008 itself but for the mistake committed by the respondents, the petitioner should not be denied the benefits. 6. In reply to the said contention, learned counsel for the State- respondents has submitted that in fact, as directed by Hon'ble Apex Court, the respondents have considered the case of the petitioner and provided appointment immediately, hence there is no delay on the part of the respondents. In fact, there is no justification on the part of the petitioner to claim retrospective appointment which he is not entitled to. 7. Considering the submissions made and on perusal of the record, it reveals that the petitioner has straightway approached this Court for the above said relief which cannot be granted. Though by interpreting various provisions, Hon'ble Apex Court has allowed the above said appeal filed by the petitioner with the directions to the respondents to consider the case of the petitioner for appointment within a period of two months. As the said directions have been complied by the respondents, in the said circumstances, the petitioner is permitted to make representation with all supporting materials before the 2nd respondent for his retrospective appointment and also consequential benefits within a period of two weeks. On such representation / claim petition, the respondents may consider in accordance with Rules and pass appropriate orders within a period of two months thereafter. 8. Accordingly, the present writ petition is disposed of. Order Date :- 13.8.2025 rkg (Donadi Ramesh, J.) Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad