Court No. - 18
Case :- WRIT - A No. - 8795 of 2018 Petitioner :- Sanjay Kumar Prajapati Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Gorakh Nath Mourya Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Anil Bhushan, learned Senior Counsel assisted by Shri Gorakh Nath Mourya, learned counsel for the petitioner and learned Standing.
In view of the order proposed to be passed, notices need not go to fifth respondent-Committee of Management.
The petitioner is before this Court for a direction to the respondents to decide the representation dated 22.7.2017 given by the petitioner for granting approval against the vacant post (Asstt. Clerk) in the institution in question.
At the very outset, Shri Anurag Srivastava, learned Standing Counsel on the basis of instructions dated 26.3.2018 sent by the District Inspector of Schools (Second), Kanpur Nagar submits that at present there is one post of Head Clerk and one post of Assistant Clerk in the institution in question. On the post of Head Clerk Shri Jagdish Pal is working and Shri Devendra Yadav, who was working as Assistant Clerk has submitted his resignation, which has been accepted by the competent authority on 28.6.2017. The instructions dated 26.3.2018 is taken on record.
In this backdrop, Shri Anil Bhushan, learned Senior Counsel appearing for the petitioner submits that once resignation of Shri Devendra Yadav has already been accepted by the competent authority and against the same post the petitioner has been inducted by the management and relevant papers have already been submitted before the competent authority i.e. Director of Education (Secondary) U.P. Lucknow and as such there is no impediment to adjust the petitioner against the post, which has fallen vacant on account of said resignation. As such a request has been made for a direction to second respondent i.e. Director of Education (Secondary) U.P. Lucknow to decide the claim of the petitioner expeditiously.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue and with the consent, the writ petition stands disposed of asking the second respondent to consider and decide the claim of the petitioner in accordance with law and taking into consideration the instructions so submitted by the District Inspector of Schools dated 26.3.2018 expeditiously and preferably within two months from the date of production of certified copy of this order.
Order Date :- 28.3.2018 SP/