Court No. - 34
Case :- WRIT - A No. - 32269 of 2015 Petitioner :- Anurag Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhishek Srivastava,Sarvanand Pandey Counsel for Respondent :- C.S.C. Hon'ble Yashwant Varma,J. Heard learned counsel for parties.
The prayer of the petitioner is for a direction being framed calling upon the respondent to decide his representation of 13 April 2015. That representation essentially calls upon the respondents to accord approval to the promotion of the petitioner on the post of Librarian. Undisputedly the petitioner was appointed on a Class-IV post on 20 February 2009. After the completion of five years of satisfactory service, he was promoted to the post of Assistant Clerk in 2014. In his representation, it is asserted that one Jai Pal Singh who was looking after the affairs of the library since 1972, retired in 2008. It was in the aforesaid backdrop that the petitioner asserted a right to be appointed as a Librarian.
The respondents in the counter affidavit have however stated that the post of Librarian was never sanctioned for the institution in question. Reliance has been placed on the Government Order of 22 February 2013, which specified the various posts which were sanctioned and approved for the institution. That order indicates that no post of Librarian stood sanctioned and approved for the institution. The very same Order also disclosed that the post of Assistant Clerk was recognized and that the petitioner had thus being promoted to the only available post. In view of the aforesaid, no further directions need issue.
The petitioner has failed to establish from the record that the post of Librarian did stand sanctioned in the institution. While undisputedly, the Management has been conferred the right to appoint a Librarian under the relevant statute, the exercise of that power is dependent upon that post actually having been sanctioned. In view of the aforesaid facts, the Court holds that the relief as prayed for is not liable to be granted.
The writ petition shall stand dismissed.
Order Date :- 22.9.2021 Vivek Kr.