Court No. - 30
Case :- WRIT - A No. - 39749 of 2014 Petitioner :- Girjesh Kumar Respondent :- The State Of U.P. Thru Secy. And 2 Others Counsel for Petitioner :- Ashutosh Srivastava,Akash Mishra,Hritudhwaj Pratap Sahi,Vijay Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents.
At the very outset, learned counsel for the petitioner states that he does not want to file any rejoinder affidavit and the petition may be heard at the admission stage itself.
Present petition has been filed with the following prayer:-
"I. Issue a writ, order or direction in the nature of mandamus commanding the respondent authorities to consider the candidature of the petitioner for promotion to the post of Junior Clerk and thereafter Senior Clerk w.e.f. the date the Co-Appointees have been granted promotions, release all promotional benefits within a time specified by this Hon'ble Court.
II. Issue a writ, order or direction in the nature of mandamus commanding the Regional Transport Officer, Ghaziabad Region Ghaziabad respondent no. 3 to pass suitable orders on the pending representation of the petitioner dated 21.1.2014 (Annexure-5 to the writ petition).
Submission of learned counsel for the petitioner is that the claim of the petitioner for promotion from Class-IV to Class-III is not being considered on non-existing ground. He further submitted that although admittedly the petitioner has earlier approached this Court by filing Writ Petition No. 25272 of 2014 (Girjesh Kumar vs. State of U.P. and others), however, the same was dismissed due to non-disclosure of the date from which he is claiming promotion and the names of the juniors, who have been granted promotion. He submits that since the order was not passed on merits, therefore, the present petition is maintainable and the relief as prayed for can still be considered. It was further submitted that his application is still pending and he had also supplied proof of his passing intermediate and has also disclosed the names of the persons, who were junior to the petitioner and have been promoted.
In the counter affidavit only this much is reflected that the intermediate certificate was not produced by the petitioner and since earlier petition was dismissed, therefore, present petition is not maintainable.
I have considered the rival submissions and have perused the record.
I find that all relevant facts and documents are now on record and therefore, the claim of the petitioner can be considered by the authority concerned on its own merits strictly in accordance with law provided there is no other legal impediment.
Accordingly, present writ petition stands disposed of with the liberty to the petitioner to file fresh representation before the respondent no. 3-The Regional Transport Officer, Ghaziabad Regiona, Ghaziabad, who shall consider and decide the same on its own merits strictly in accordance with law preferably within a period of four months from the date of production of a certified copy of this order before him.
With the aforesaid observations, present writ petition stands disposed of.
Order Date :- 28.3.2018 Lalit Shukla