Smt. Shilpa Devi v. State of U.P. and 2 Others

Court No. - 35 Case :- WRIT - A No. - 18920 of 2023 Petitioner :- Smt. Shilpa Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amar Nath Pandey Counsel for Respondent :- C.S.C. Hon'ble Vikas Budhwar,J. Heard Sri Amar Nath Pandey, learned counsel for the petitioner and Sri P.K. Shahi learned Additional 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 third respondent. The case of the writ petitioner is that the post of Clerk fell vacant from 29.2.2020 though permission was sought it was not granted advertisement was published and the writ petitioner being fully eligible and qualified was called for interview, he was issued joining on 28.11.2020 approval has been sought but it has not been granted. Prayer in the present petition is for grant of approval. Learned Additional Chief Standing Counsel submits that the issue with the writ petitioner seeks to raise needs determination by the second respondent. 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, District Inspector of Schools, Jaunpur who shall on the receipt of the same, put to notice to the third respondent and thereafter proceed to decide the claim of the petitioner strictly in accordance with law within a period of three months from the date of presentation of the certified copy of the order bearing in mind the sanctioned strength, vacancies eligibility, suitability of the writ petitioner and deserving candidates who come within the zone of consideration 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 :- 21.11.2023 piyush High Court of Judicature at Allahabad