Court No. - 36
Case :- WRIT - A No. - 18002 of 2019 Petitioner :- Santosh Kumar Tripathi and 6 others Respondent :- State of U.P. and 2 others Counsel for Petitioner :- Mujib Ahmad Siddiqui Counsel for Respondent :- C.S.C., Kailash Singh Kushwaha, Prabhakar Awasthi
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the State-respondents. Shri Prabhakar Awasthi has accepted notice on behalf of third respondent.
The petitioner are before this Court for a writ, order or direction in the nature of mandamus commanding the respondent No. 2 to prepare revised list and appoint against the unfilled vacancies of Gram Panchayat Adhikari covered by advertisement no.7 (3) /2015 remaining unfilled on account of non-joining of the selected candidate and for a direction to the respondent to consider the claim of the petitioners as per judgment and order dated 9.8.2018 passed by this Court in Special Appeal (Defective No.163 of 2018 (Karunesh Kumar & Ors. v. State of U.P. & Ors.) by which the order passed by learned single judge dated 22.8.2017 was set aside and the respondents were directed to consider the candidature of the petitioners-appellants (in that special appeal) for the purpose of appointment to the post of Gram Panchayat Adhikari and the vacancies available be filled in as a consequence of selection process initiated in pursuance to advertisement no.7 (3)/2015. The process of consideration was required to be completed on or before 21.12.2018. It appears that the review against the said judgment was also rejected vide order dated 30.10.2019. In this backdrop, it is submitted that the claim of the petitioners is squarely covered by the judgment in Karunesh Kumar & Ors. (Supra) and in the light of the same the claim set up by the petitioner is also liable to be considered.
So far as the factual and legal aspect is concerned, the same is not disputed by learned counsel for the opposite parties.
In the aforesaid facts and circumstances, the writ petition is disposed of in terms of the judgment in Karunesh Kumar & Ors. (Supra).
Order Date :- 28.11.2019 Jaswant