Court No. - 42
Case :- WRIT - A No. - 9376 of 2019 Petitioner :- Shiv Sagar Kushwaha Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ganga Bhushan Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Sri Ganga Bhushan Mishra, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
The petitioner claims that he is entitled to be regularized on the post of Collection Peon under the U.P. Collection Peon's Service (Second Amendment) Rules, 2016 read with Government Order dated 22.02.2019. 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 Ganga Bhushan Mishra 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.
Matter is remitted to the respondent no. 3, District Magistrate/Collector, Banda.
A writ of mandamus is issued commanding the respondent no. 3,District Magistrate/Collector, Banda to decide the representation of the petitioner for regularization of his services as a Collection Peon preferably within a period of five 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 the claim of the petitioner been judged on merits. It is for the competent authority to do so after independent application of mind.
The writ petition is disposed of finally.
Order Date :- 31.5.2019 Dhananjai