Court No. - 5
Case :- WRIT - A No. - 4549 of 2021 Petitioner :- Chandra Bhushan Kumar Gautam Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anirudh Narayan Tiwari,Arvind Srivastava Iii Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
The petitioner by means of the present writ petition has come up with the following prayer:-
"i. issue a writ order or direction in the nature of mandamus directing the District Inspector of Schools, Mau (respondent no.2) to accord the financial approval to the selection and appointment of the petitioner on the post of Peon in Inter College Sarsena Sachui Mau, District Mau and according to pay the payment of salary as admissible to the post in accordance with law along with arrears of salary from the date of appointment to till date.
ii. issue any such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of the case.
iii. award the cost of the petition to the petitioner, against the respondents."
It appears that a vacancy of peon came into existence in Inter College Sarsena, Sachui, Mau. The Principal of the college sought approval from the District Inspector of Schools for recruitment on the said post. The vacancy of Class-IV was reserved for SC/ST category. When no approval was granted by the District Inspector of Schools for recruitment, the Principal of the college published an advertisement inviting application for recruitment on the post of Peon in two daily newspapers. The petitioner alongwith three other persons appeared for selection on 16.04.2018, and petitioner was found suitable for being appointed on the said post. Accordingly, the Principal of the College forwarded the selection proceeding to District Inspector of Schools, Mau on 20.04.2018, copy of which is annexed as Annexure 8 to the writ petition.
The grievance of the petitioner is that the District Inspector of Schools, Mau is sitting tight over the matter and has not yet accorded approval despite the fact that selection of the petitioner is in accordance with law. In this respect, petitioner has submitted several representations to the District Inspector of Schools, Mau.
Learned Standing Counsel for the respondents submits that no useful purpose would be served in keeping the writ petition pending and appropriate direction may be issued to respondent no.2 to consider the grievance of the petitioner.
Considering the facts and circumstances of the case and without going into the merits of the case and with the consent of the parties, the writ petition is disposed of with liberty to the petitioner to file a fresh representation before the respondent no.2-District Inspector of Schools, Mau, alongwith the copy of this order downloaded from the official website of High Court Allahabad, 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 shall consider and decide the same by reasoned and speaking order within a period of two months thereafter.
The writ petition is disposed off subject to the observations made above.
Order Date :- 29.7.2021 Sattyarth