Praveen Kumar v. State of U.P. and 2 Others

Court No. - 35 Case :- WRIT - A No. - 16713 of 2023 Petitioner :- Praveen Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Kumar Sharma,Jay Shankar Tiwari Counsel for Respondent :- C.S.C Hon'ble Vikas Budhwar,J. Supplementary Affidavit filed today is taken on record. Heard Sri Ajay Kumar Sharma, learned counsel for the petitioner and Sri P.K. Shahi, the learned Addl. Chief Standing Counsel, who appears for Respondents 1 and 2. In view of the order, which is being proposed to be passed today, notices are not being issued to the 3rd respondent. The case of the writ petitioner is that in the Institution in question, there are six posts of Clerks. The writ petitioner claims to have been appointed as Assistant Clerk on 06.08.1993. According to the writ petitioner, one Yogesh Kumar has been appointed as Assistant Clerk and one post of Head Clerk is lying vacant on account of superannuation of one Sri Ramesh Chandra Pundir, who was working as Head Clerk has retired, and on the said post, the writ petitioner claims promotion. Learned Addl. Chief Standing Counsel submits that the contention which the petitioner seeks to raise needs determination at the first instance by the second respondent, District Inspector of Schools, Saharanpur, the petitioner may represent his cause before the second respondent. He does not propose to file any response to the writ petition. To such a submission, learned counsel for the writ petitioner has no objection and he gracefully accepts the same. Considering the submission of the rival parties as well as the stand taken by them, the writ petition is being disposed off without seeking any response from the respondents granting liberty to the writ petitioner to approach the second respondent, District Inspector of Schools, Saharanpur along with a comprehensive representation accompanied with self-attested copy of the writ petition, who shall, on the receipt of the same, put to notice the third respondent and other deserving candidates and thereafter proceed to consider the grievance of the writ petitioner within a period of three months from the date of production of certified copy of the order bearing in mind the total sanctioned strength, vacancies, eligibility and suitability of the writ petitioner as well as of deserving candidates. With the aforesaid observations the writ petition stands disposed off. Order Date :- 20.11.2023 N.S.Rathour High Court of Judicature at Allahabad