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

Court No. - 35 Case :- WRIT - A No. - 17782 of 2023 Petitioner :- Aditya Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sushil Chandra Srivastava Counsel for Respondent :- CSC Hon'ble Vikas Budhwar,J. Supplementary affidavit filed today is taken on record. Heard Sri Sushil Chandra Srivastava, learned counsel for the writ petitioner and Sri Gaya Prasad Singh, learned 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 third respondent. The case of the writ petitioner is that he was appointed as an assistant professor in Udai Pratap (Autonomous) College, Varanasi, third respondent on 12.08.2017. He contends that he is working in the academic level-10 and he seeks to be promoted to academic level-11 in view of the UGC guidelines and the guidelines of the ICAR. While inviting attention towards paragraph no. 3 to 8 of the supplementary affidavit filed today, it is being sought to be contended that the matter is pending before the second respondent, Director of Higher Education, Uttar Pradesh, Prayagraj and he has to take a final call. Shri Gaya Prasad Singh, learned Standing Counsel submits that let the second respondent take a final call in the matter and he does not propose to file any response. To such a submission, learned counsel for the petitioner has no objection and he gracefully accepts the same. Considering the submissions of the rival parties as well as 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 prefer a comprehensive representation along with the self-attested copy of the writ petition before the second respondent, who shall on the receipt of the same, put to notice the third respondent and proceeded to decide the claim of the petitioner strictly in accordance with law within a period of six weeks from the date of presentation of the certified copy of the order. Needless to point out that the writ petition has been decided without seeking any response from the respondents. Thus, passing of this order may not be construed to an expression that this Court has gone into the merits of the case. With the aforesaid observation, the writ petition is disposed off. Order Date :- 20.11.2023 A. Prajapati High Court of Judicature at Allahabad