Court No. - 42
Case :- WRIT - A No. - 9355 of 2019 Petitioner :- Smt. Shashi Kala Devi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Balwant Singh Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Sri Balwant Singh, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
The petitioner is working as Aganbari Sahayika at Aganbari Centre Saraswati, Babhnauli, Barahalganj, District Gorakhpur.
Grievances of the petitioner are twofold. Firstly, the charge of the Aganbari Karyakatri at Aganbari Centre Saraswati, where she was posted, has been given to Aganbari Sahayika posted at another centre. The petitioner claims that she is entitled to be given charge of Aganbari Karyakatri at the aforesaid centre, till a duly appointed Aganbari Karyakatri is posted. Secondly, the petitioner claims that she is entitled for promotion to the post of Aganbari Karyakatri on the foot of the Government Order dated 16.12.2006. The petitioner has made a representation in this regard. The representation of the petitioner has not been decided till date.
The only prayer made by learned counsel for the petitioner Sri Balwant Singh is that the representation of the petitioner may be decided within a stipulated period of time.
Learned Standing Counsel does not have any serious objection to the aforesaid prayer.
No useful purpose would be served by keeping this writ petition pending. With the consent of parties, the writ petition is being disposed of finally.
The matter is remitted to the respondent no. 5, Bal Vikas Pariyojna Adhikari Barahalganj, District Gorakhpur.
A writ of mandamus is issued commanding the respondent no. 5, Bal Vikas Pariyojna Adhikari Barahalganj, District Gorakhpur to decide the representation of the petitioner in regard to grant of charge as Aganbari Karyakatri at Aganbari Centre Saraswati, Barahalganj, District Gorakhpur as well as the claim for promotion to the post of Aganbari Karyakatri preferably within a period of four months from the date of receipt of a certified copy of this order along with a fresh copy of the representation. The representation of the petitioner shall be decided by a reasoned and a speaking order.
It is clarified that this Court has not gone into the veracity of the assertions made in the writ petition nor has judged the claims of the petitioner on merits. It is for the competent authority to do so after independent application of mind in accordance with law.
The writ petition is disposed of finally.
Order Date :- 31.5.2019 Dhananjai