Court No. - 39
Case :- WRIT - A No. - 17864 of 2018 Petitioner :- Dr. Awadhesh Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shivendu Ojha,Sri. Radha Kant Ojha, Sr. Advocate Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J. Hon'ble Jayant Banerji,J.
Heard Sri Radha Kant Ojha, learned Senior Counsel assisted by Sri Shivendu Ojha for the petitioner, learned Standing Counsel for respondents no. 1 to 3.
The petitioner in the writ petition is seeking quashing of the order dated 3.8.2018 whereby the respondent no. 4 has been directed to be posted at Mohoba as Assistant District Panchayat Raj Officer (Technical) and to work as District Panchayat Raj Officer.
The contention is that the petitioner was posted as Assistant Development Officer at Mahoba with the additional charge of District Panchayat Raj Officer by the order of the District Magistrate, Mahoba dated 6.7.2018. This order was further endorsed again on 7.7.2018 by the Chief Development Officer, Mahoba (Annexure-5 to the writ petitioner). It is stated that under the Uttar Pradesh Panchayat Raj Department (Group 'A' & 'B') Service (First Amendment) Rules, 2015 Assistant Development Officers have 43 percent quota for promotion to the post of District Panchayat Raj Officer and 5 percent quota for Assistant District Panchayat Raj Officer (Technical).
He further submits that as per the vancancies status in the various districts as of January, 2018 (Annexure-10 to the writ petition) in Mahoba there is no sanctioned post of Assistant District Panchayat Raj Officer and yet the respondent no. 4 has been posted in Mahoba as Additional District Panchayat Raj Officer. The learned Senior Counsel submits that the statement in the impugned order that the post of District Panchayat Raj Officer is vacant, is not possible in view of the district wise statement as on January, 2018 which says that the said post itself is not sanctioned.
In our opinion this matter can be best decided by the respondent no. 1-Addtional Chief Secretary, Panchayati Raj Anubhag-1, U.P. Shashan, Lucknow. We therefore, dispose of this writ petition with a direction to the respondent no. 1 to take a decision in the matter expeditiously and preferably within a period of 15 days from the date of receipt of a certified copy of this order in his office.
We clarify that we have not adjudicated the claim of the petitioner on merit.
Order Date :- 23.8.2018 Vandana