Court No. - 35
Case :- WRIT - A No. - 6828 of 2020 Petitioner :- Santosh Kumar Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ravindra Nath Yadav Counsel for Respondent :- C.S.C.,Abhishek Kumar Yadav
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner. Learned Standing Counsel has accepted notice on behalf of respondent nos.1 to 3.
The petitioner has preferred the present writ petition inter-alia with the following prayer:-
"I. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents/authorities to promote to the petitioner considering his educational qualification as well as tenure of services at the post of peon (paricharak) taking the provisions of regulation 2(2) of Chapter III of the U.P. Intermediate Act, 1921 in some specified period fixed by this hon'ble court.
II. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents/authorities to promote the petitioner at the post of clerk forthwith and ensure the payment of salaries to the post of clerk regularly month by month to the petitioner.
III. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents/authorities specially District Inspector of Schools, District Jaunpur to decide the representation filed by the petitioner regard to redressal of his grievances for the promotion at the post of clerk which has fallen vacant on 30.6.2020 considering the provisions of regulation2(2) of chapter 3rd of the U.P. Intermediate Education Act 1921 in some specified period of fixed by this Hon'ble Court."
After some arguments learned counsel for the petitioner confined his prayer only to the effect that a direction be issued to the authorities concerned to decide the representation of the petitioner expeditiously.
Heard learned counsel for the parties.
With the consent of learned counsel for the parties, the writ petition is being disposed of at the admission stage itself.
In the facts and circumstances, the petitioner is permitted to make a fresh representation ventilating all his grievances before the respondent no.2/District Inspector of Schools, District Jaunpur along-with certified copy of this order within a period of three weeks from today. If such a representation is made, the respondent no.2 is directed to pass appropriate order in accordance with law within a further period of three months.
With the aforesaid observations, present writ petition is disposed of finally.
It is made clear that this Court has not entered into the merits of the case and thus it is for authority concerned to take a decision independently in accordance with law.
Order Date :- 17.12.2021 Pramod Tripathi