Court No. - 5
Case :- WRIT - A No. - 7336 of 2021 Petitioner :- Rakesh Roshan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Joveen Kumar,Kameshwar Rao Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for respondents no.1 and 2.
The petitioner has been appointed as Class IV in Nagar Panchayat, Chakiya, District Chandauli.
It appears that respondent no.3 by order dated 23.07.2020 recommended for promotion of the petitioner on the post of Clerk which was duly approved by Chairman, Nagar Panchyat, Chakiya on the same day. Pursuant thereto, an order dated 24.07.2020 has been passed by Executive Officer promoting the petitioner on the post of Clerk. The said order further states that whenever post of clerk becomes available in Nagar Panchayat, he shall be absorbed.
Grievance of the petitioner is that he is working on the post of Clerk but is not being given benefit of said post. In this respect, the petitioner has submitted representation to the District Magistrate, Chandauli, copy of which is enclosed as Annexure-7 to the writ petition.
Learned Standing Counsel submits that no useful purpose would be served in keeping the writ petition pending and appropriate direction may be issued to respondent no.2 to consider the grievance of the petitioner.
Considering the facts and circumstances of the case and without going into the merits of the case and with the consent of the parties, the writ petition is disposed of with liberty to the petitioner to file a fresh representation before the respondent no.2-District Magistrate, District Chandauli, raising all his grievances within a period of two weeks from today. In case any such representation is filed by the petitioner, the respondent no.2 shall decide the same by reasoned and speaking order within a period of two months thereafter.
The writ petition is disposed of subject to the observations made above.
Order Date :- 28.7.2021 S.Sharma