Court No. - 36
Case :- WRIT - A No. - 50455 of 2017 Petitioner :- Amit Kumar Rai Respondent :- State of U.P. and Another Counsel for Petitioner :- Azaz Ahmad Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner; learned Standing Counsel for the State respondent no. 1 and Shri Prabhakar Awasthi appears for the second respondent.
The petitioner is before this Court assailing the validity of the order dated 22.6.2017 passed by second respondent; for a direction in the nature of mandamus to the second respondent to forthwith grant the appointment against the vacant post of Gram Panchayat Adhikari covered by advertisement no.7 (3) /2015 remaining unfilled on account of non-joining of the selected candidate and for a direction to the respondent to consider the claim of the petitioner as per judgment and order dated 9.8.2018 passed by this Court in Special Appeal (Defective No.163 of 2018 (Karunesh Kumar & Ors. v. State of U.P. & Ors.) by which the order passed by learned single judge dated 22.8.2017 was set aside and the respondents were directed to consider the candidature of the petitioners-appellants (in that special appeal) for the purpose of appointment to the post of Gram Panchayat Adhikari and the vacancies available be filled in as a consequence of selection process initiated in pursuance to advertisement no.7 (3)/2015. The process of consideration was required to be completed on or before 21.12.2018. It appears that the review against the said judgment was also rejected vide order dated 30.10.2019. In this backdrop, it is submitted that the claim of the petitioner is squarely covered by the judgment in Karunesh Kumar & Ors. (Supra) and in the light of the same the claim set up by the petitioner is also liable to be considered.
So far as the factual and legal aspect is concerned, the same is not disputed by learned Standing Counsel as well as learned counsel for the Commission.
In the aforesaid facts and circumstances, the order impugned cannot sustain and the same is according set aside.
This writ petition stands disposed of finally with a direction to the second respondent to look into the grievance of the petitioner and pass a fresh order, in accordance with law and in the light of Karunesh Kumar(supra), as expeditiously as possible and preferably within a period of two months from the date of production of a certified copy of this order before him. Suffice to indicate, the Court has not expressed any opinion regarding candidature of the petitioner.
Order Date :- 27.11.2019 A.K.Srivastava