Court No. - 49
Case :- WRIT - A No. - 18569 of 2019 Petitioner :- Sandeep Kumar Singh Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Amar Nath Pandey Counsel for Respondent :- C.S.C.,Arun Kumar
Hon'ble Prakash Padia,J.
Heard Sri A.N. Pandey, learned counsel for the petitioner. Learned Standing Counsel accepted notice on behalf of respondent no1 and Sri Arun Kumar, learned counsel for respondent No.2.
In view of the order proposed to be passed, notice need not be issued to the respondent No.3.
The petitioner has preferred the present writ petition to issue a mandamus directing the respondent No.2/District Basic Education Officer, Gorakhpur to appoint the petitioner on the post of Assistant Clerk under the the dying in harness Rules on the basis of his qualification and experience.
Arguments has been raised on behalf of the petitioner that seeking appointment of the petitioner on the post of compassionate appointment, an application form was submitted by the Head Master of the Institution in question before the respondent No.2. It is contended that since no action was taken on the same, several representations were also made by the petitioner before respondents from time to time, but till date no action has been taken on the same.
Heard learned counsel for the parties present. With the consent of learned counsel for the parties present, the present writ petition is disposed of at the admission stage itself.
In view of the above, without expressing any opinion on merits of the case this petition is dispose of permitting the petitioner to make a fresh representation before respondent No.2 along with certified copy of this order within a period for two weeks from today. In case any such representation is filed by petitioner within the period stipulated hereinabove before respondent No.2, the respondent No.2 will consider and decide the same strictly in accordance with law as expeditiously as possible preferably within a period of four weeks from the date of filing of such representation by the petitioner before him.
Order Date :- 28.11.2019 saqlain