Court No. - 58
Case :- WRIT - A No. - 27546 of 2018 Petitioner :- Rakesh Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudhir Dixit,Anupam Shyam Dwivedi,Smt. Richa Dixita Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner claims to be the senior most Class-IV employee in Bihari Lal Bharti Inter College, Palimukimpur, District Aligarh. It is alleged that petitioner is having requisite qualification for Class-III post, which otherwise is available and vacant in the institution.
It appears that District Inspector of Schools, Aligarh on 19th May, 2016, has already issued a direction to the Management/Principal for forwarding proposal so as to promote the petitioner to Class-III post. Large number of reminders have also been sent by the District Inspector of Schools for such purposes. Attention of this Court has also been invited to a letter of 2nd November, 2018 in that regard. Grievance is that, although matter has remain pending for two and half years, but neither Committee of Management is taking any action in the matter, nor the District Inspector of Schools is proceeding to take coercive measures against the Management for enforcing rights of the petitioner.
Learned Standing Counsel stats that appropriate decision would be taken by the Inspector in accordance with law.
Considered the nature of order proposed to be passed, notices need not be issued to respondent nos. 3 and 4 and the writ petition is being disposed of at this stage.
As the District Inspector of Schools is already alive to the claim of petitioner and repeated orders have been passed, the ends of justice would be made, in case this writ petition is disposed of with a direction upon the respondent no. 2 to take necessary measures, as may be required in law, in enforcing his orders, so as to secure consideration of petitioner's claim for promotion, in accordance with law.
Needless to state, that an opportunity of hearing would be granted to respondent no. 3 and 4 in the matter. Requisite formalities would be taken in that regard and appropriate decision shall be taken within three months from the date of presentation of a certified copy of this order.
Order Date :- 20.12.2018 Ranjeet Sahu