Court No. - 39
Case :- WRIT - A No. - 14080 of 2018 Petitioner :- Ashok Kumar Saini And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashok Kumar Ojha,Ram Krishna Mishra Counsel for Respondent :- C.S.C.,M.N. Singh
Hon'ble B. Amit Sthalekar,J. Hon'ble Jayant Banerji,J.
Counter affidavit filed by Shri Avneesh Tripathi on behalf of the respondent no. 3 and one short counter affidavit filed by the learned Standing Counsel are taken on record.
Heard Shri Ashok Kumar Ojha, learned counsel for the petitioner, learned Standing Counsel for the respondent nos. 1 and 2 and Shri Avneesh Tripathi, learned counsel for the respondent no. 3.
The petitioners in the writ petition are seeking direction to the respondents to hold the departmental examination for the post of Tehsildar for the year 2017.
The contention of the petitioners is that at present they are working as Naib Tehsildar having joined their post on 12.06.2013. In para 7 of the writ petition, it is stated that the eligibility criteria for promotion to the post of Tehsildar from Naib Tehsildar are that firstly, a candidate must have five years of satisfactory service in the cadre of Naib Tehsildar, and second, he must have passed the departmental examination conducted by the U.P. Public Service Commission and he must have been permanent on the post of Naib Tehsildar.
It is alleged that the last departmental examination was conducted in June/July 2016 and thereafter, no examination has been conducted by the U.P. Public Service Commission. It is stated that the petitioner no. 1 has appeared in June/July 2016 examination but did not pass the same. The petitioner nos. 2 and 3 did not appear in the examination due to their illness. In para 12 of the writ petition, it is alleged that an Advertisement No. 380/1/Dept.Exam/2017 was issued on 07.04.2017 for holding departmental examination but the same has not been held till date. It is also stated that the petitioners have applied in the said advertisement.
This Court, therefore, called for a response from the respondent no. 3- U.P. Public Service Commission. One counter affidavit dated 23.07.2018 and one counter affidavit dated 24.07.2018 have been filed. In para 9 of the counter affidavit dated 24.07.2018, it has been stated that a decision has been taken for conducting the departmental examination 2017 between 10.10.2018 to 23.10.2018. A copy of the examination schedule has been filed as Annexure- 3 to the counter affidavit.
In this view of the matter, nothing further remains to be decided in this writ petition. It is, however, open for the petitioners to appear in the Departmental Examination conducted by the U.P. Public Service Commission as per the given examination schedule.
The writ petition is dismissed as having become infructuous.
The relief with regard to drawing up seniority will be dependent upon the petitioners qualifying the departmental examination.
Order Date :- 25.7.2018 A. V. Singh