Court No. - 33
Case :- WRIT - A No. - 11631 of 2021 Petitioner :- Javed Khan Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mahendra Singh Counsel for Respondent :- C.S.C.,Aalok Kumar Srivastava
Hon'ble Ashwani Kumar Mishra,J.
Petitioner claims to be senior most Tax Collector in Nagar Palika Parishad, Deoria and is claiming promotion to the post of Clerk. It is alleged that the promotional post is a non- centralized post and, therefore, the provisions of Uttar Pradesh Palika (Centralized) Services Rules, 1966 are not applicable.
Sri A. K. Srivastava, Advocate has appeared for respondent nos.3 to 5, whereas learned Standing Counsel represents respondent nos.1 and 2. It is alleged on behalf of respondents that petitioner's claim for promotion shall be got examined by the competent authority, in accordance with law.
Question whether promotional post exists or is regulated by the Rules of 1966, as also his seniority and eligibility for promotion are all issues of fact which can be examined by the competent authority at the first instance.
Petitioner is, therefore, permitted to represent his grievance before respondent no.3, annexing all materials in support of his claim, together with copy of this order within three weeks from today. Third respondent shall accord consideration to petitioner's claim for promotion, in accordance with law, by passing a reasoned order, within a further period of three months, thereafter.
It is made clear that this Court has not examined petitioner's entitlement on merits and all issues are left open to be considered by the competent authority, at the first instance.
Writ petition is, accordingly, disposed of.
Order Date :- 25.10.2021 Ashok Kr.