Court No. - 3
Case :- WRIT - A No. - 20581 of 2019 Petitioner :- Basant Kumar Rawat Respondent :- State of U.P. and 4 others Counsel for Petitioner :- Aalok Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the respondent Nos. 1 to 3.
The petitioner was appointed as Class-IV employee by the appointment letter dated 26.6.2001 in Baba Raghav Das Post Graduate College, Deoria. Though petitioner was appointed as Class-IV employee, but he was discharging duties of Class-III employee on the direction of the respondent No. 5. There are 28 sanctioned post of Class-III employees in the college, and at present out of 28 posts, 9 posts are still vacant. The petitioner being eligible for promotion on the post of Clerk submitted representation to the respondent No. 3 on 6.1.2016.
It appears that the Assistant Director of Education (Higher Education) wrote a letter dated 13.6.2016 to the Regional Higher Education Officer, Gorakhpur seeking report with respect to claim of the petitioner for promotion. On the said letter, respondent No. 5 wrote a letter dated 8.7.2016 addressed to the Director (Higher Education) Degree Arth-I Anubhag Higher Education U.P. Prayagraj recommending the petitioner for promotion.
The grievance of the petitioner is that despite the fact that respondent No. 5 pursuant to the letter of Assistant Director of Education (Higher Education) has submitted a report dated 8.7.2016 recommending the name of the petitioner for promotion but respondent No. 2 has not considered the claim of the petitioner for promotion.
Learned Standing Counsel contends that no useful purpose would be served in keeping the writ petition pending and an appropriate direction may be issued to the Director (Higher Education) Degree Arth-I Anubhag Higher Education U.P. Prayagraj to consider the grievance of the petitioner.
Considering the facts and circumstances of the case, without going into the merits of the case and with the consent of the parties, the writ petition is disposed of permitting the petitioner to file a fresh representation before the respondent no.2- Director (Higher Education) Degree Arth-I Anubhag Higher Education U.P. Prayagraj raising all his grievances within a period of two weeks from today. In case any such representation is filed by the petitioner, the respondent no.2- Director (Higher Education) Degree Arth-I Anubhag Higher Education U.P. Prayagraj shall decide the same by reasoned and speaking order within a period of two months thereafter.
Order Date :- 19.12.2019 Jaswant