Court No. - 34
Case :- WRIT - A No. - 11304 of 2003 Petitioner :- Rajendra Kumar Respondent :- State Of U.P. Thru' Sec. Edu. U.P. Govt. Lucknow And Others Counsel for Petitioner :- Rama Nand Pandey,Pradeep Narain Pandey Counsel for Respondent :- C.S.C.,S.K. Rai Hon'ble Sudhir Agarwal, J.
1. Called in revise. None appeared to press this writ petition. Learned Standing Counsel is present for respondents. In the circumstances, I myself have perused the record.
2. By means of present writ petition, petitioner has sought following reliefs :
"(i) Issue a writ, order or direction in the nature of certiorari to call for the record and quash the order dated 23.1.2003 (Annexure no.10 to this writ petition).
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents no.1 to 5 to promote the petitioner on the post of Junior Clerk and further direct the respondents 1 to 5 to pay the salary and other service benefit to the petitioner of promotional post.
(iii) Issue a writ, order or direction in the nature of mandamus commanding the respondents 1 to 5 not to create any promotional post to adjust the respondents no.7 to 10 and further direct the respondents 1 to 5 not to pay the salary and other service benefit to respondents no.7 to 10 in pursuacne of the order dated 23.1.2003.
(iv) Issue a writ, order or direction in the nature of mandamus commanding the respondents no.1 to 5 to comply the government order dated 16.7.2002 (Annexure 10) and to fill the backlog of promotional post for reserve categories.
(v) Issue a writ, order or direction in the nature of mandamus commanding the respondents no.1 to 5 to comply the reservation policy in filling the post by promotion to fill up the backlog.
(vi) Issue a writ, order or direction in nature which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.
(vii) Award cost of the petition to the petitioner."
3. I myself have gone through the pleadings, grounds as also reliefs sought and find that petitioner is not able to make out a case so as to justify interference of this Court by granting reliefs, as prayed for.
4. Moreover, it appears that either the cause of action no more survives or the petitioner has lost interest in this matter or it has otherwise become infructuous and, probably for this reason, none is interested to have decided this matter on merits and that is why, counsel for petitioner is absent.
5. Dismissed. Interim order, if any, stands vacated.
Order Date :- 27.4.2018
Manish Himwan